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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person who operates a ATV STV Syle Syle Syle Syle with the trade name of "D" in the 2000.
On July 30, 2016, around 09:40, the Defendant lent ATV Rotoo to the victims E (n, 41 years of age) and the victims F (n, 74 years of age) in the above Experience Chapter, thereby allowing the Defendant to operate the Experience.
The business owner operating the above Experience Chapter has a duty of care to prevent safety accidents that may occur while driving the ATV Sweon by providing the users with protective equipment and wearing it.
Nevertheless, by negligence, the Defendant neglected this, caused the victim E to fall down with a river side of about 4.2 meters high from the right side while driving a ATV STV Rob with a view to neglecting it.
As a result, the Defendant suffered injury to the victim E in detail at the bottom of the aggregate which requires approximately four weeks of medical treatment, and injury to the victim F, such as the victim’s fresh of the shoulder, the damage of the power lines, and the heat, respectively.
A. The prosecutor also indicted the Defendant on the charge of violating the duty of due care to install safety facilities, such as educating the ATV ATV U.S. operating method and safety rules and installing safety fences in the dangerous section within the place of business.
However, even based on the statements made by G, H, as well as the victim E, education was conducted on the operation methods and safety rules of ATV Round at the time.
In addition, it is unclear whether the place where one accident occurred is permitted to install safety fences under the relevant laws and regulations (see, e.g., 71 investigation records) and it does not seem to be a dangerous part to the extent that it is necessary to install safety fences.
Therefore, this part of the occupational breach is excluded from criminal facts.
Summary of Evidence
1. Partial statement of the defendant;
1. G, .