Defendant

Kim Jong-tae

Attorney Park Young-young

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

The Defendant is a person working for a golf golf course as a sports assistant of a golf course. The Defendant, around 16:40 on July 29, 2007, on the part of the said golf operator, who is located in the Cheongdong-dong-dong-gu Cheongdong-gu Cheongdong-gu, Young-gu, 16:40 on the right side of the golf course, operated by the Defendant Nonindicted Party 2 (53) on the back side of the golf course that the Defendant driven by the said victim Nonindicted Party 2 (e.g., 9 years old). Golf is open without a door, etc. on the right side of the golf course, so there is a high risk of causing accidents to the passengers, and the Defendant, who is engaged in a golf course driving business, has to take away from the golf course operation without any duty of care to ensure the safety of the passengers, and to ensure the safety of the passengers, such as the right side and the right side of the victim’s right side of the golf course. In addition, the Defendant did not have to take the right side prior to the safety of the victim’s.

1. Partial statement of the defendant;

1. Legal statement of the witness Nonindicted 2, 3, and 4

1. The statement made by Nonindicted 3 and 4 in the prosecutorial examination protocol against the defendant

1. Protocol of inspection by this Court;

1. An accident vehicle photograph or an accident site photograph;

1. Cautions for the operation of golfcar;

1. A medical certificate;

1. Article applicable to criminal facts;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Code, and the choice of imprisonment without prison labor (the result of injury is severe).

1. Suspension of execution;

Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that there is no record of committing a crime other than fine to the accused; the accident in this case appears to have occurred by adding the negligence of the victim, and the victim is currently filing a lawsuit against the golf course and is likely to have the damage compensated by the result

1. Defendant's assertion;

At the time of the instant case, the Defendant did not notify the victim, who is a golf course user, to take the safety knife installed inside the knife prior to the operation of the knife, or confirmed whether the knife was knife, but in the inside of the knife, the Defendant’s warning was attached to the warning that “the safety knife installed inside the knife would be knife”. Thus, the Defendant did not have any obligation to separately notify the users of the knife that the knife would be knife while operating the knife. At the time of the instant case, the Defendant did not commit any negligence in operating the knife to the Defendant, and there is little possibility that the knife would be knife in the knife while

2. Determination

The golf cart of this case is at a speed of about 18 km, and there is a structure with high risk of causing accidents to passengers because there is no door, etc. on the safety level or left side and five passenger capacity. (In fact, there was an accident that female users are injured while away from the golf course of this case) In particular, the location of the accident in this case is ○○○ club ○○○, 9 meters away from 18 meters away from 18 meters away from her upper gate, and the Defendant, as the Defendant operating a golf car, notified the users to take safety hand off separately before departure, or failed to fully reduce the Defendant’s duty of disclosure by failing to perform his duty of disclosure to the extent that he was able to safely reduce the safe operation of the car, and the Defendant did not perform his duty of disclosure.

In addition, even if a victim with a considerable golf career has been negligent by the victim who failed to perform his/her duty to prevent safety accidents by making it solid the safety hand during the car operation (the defendant asserts that the victim was away from the cart because he/she was not in a normal physical condition to move the cart, but there is no evidence to acknowledge this). Since the defendant's negligence recognized above can be recognized that the victim suffered a serious injury from the cart, the defendant's assertion cannot be accepted.

Judges Doz.