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(영문) 서울중앙지방법원 2018.07.25 2018고정305
과실치상
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 02:10 on June 23, 2017, the Defendant operated the machinery by parking in order to vehicle off the Defendant’s vehicle at the mechanical parking stand in Gwanak-gu in Seoul Special Metropolitan City.

The above parking zone had the duty of care to operate after checking whether there is a person in the machinery due to parking, since there was a risk of accidents by the machinery in the event that the person was easily allowed to enter and leave the open space, and the operation of the machinery was in danger of the occurrence of accidents by the machinery.

Nevertheless, the Defendant neglected this and caused the victim D (the remaining, 36 years of age) who was parked on the ground floor of the machinery by operating a parking machine, and caused the injury to the victim, such as an unexplosion of the number of days of treatment between the machinery and the ground floor, by cutting the string between the machinery and the ground floor.

2. Comprehensively taking account of the following circumstances revealed by the judgment records, even if the Defendant considered the inside of the instant parking lot by hand or cell phone light at the time of the occurrence of the instant case, it appears that it was difficult for the Defendant to detect a person or object, such as the victim, that it was difficult for the Defendant to find out a person or object that can be used on the inner floor of the parking lot at an abnormal level, such as the victim, unless considered in light of the floor of the parking lot, even though the Defendant could have avoided the parking lot at the time of the occurrence of the instant case. However, the evidence submitted by the Prosecutor alone was proven without reasonable doubt that the Defendant could have predicted the occurrence of the consequence that the damaged person could have been in the inside of the parking lot at the time of the instant case, as in the process of operating the parking zone

It is difficult to see, and there is no other evidence to acknowledge it.

A. The current status of the instant parking lot 1) The instant parking lot is set up in the mechanical parking lot installed in the commercial building located in Gwanak-gu in Seoul Special Metropolitan City, Nowon-gu, but in total eight vehicles.

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