Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The Defendant is a person who operates a ATV Swealo Experience with the trade name “C” in the Gangseo-gun B.

At around 16:30 on August 1, 2014, the Defendant lent ATV Stoobane to the victim D (Y, 17 years of age) in the above experience center, thereby allowing the Defendant to operate the experience center.

At this time, the defendant, as a business owner operating the above experience center, had a duty of care to prevent in advance accidents that may occur while driving a ATV Sweon with safety equipment, such as the operation method and safety rules, and the safety cap and protective clothes, when allowing customers to drive a ATV Sweon in the above experience center.

그럼에도 불구하고 피고인은 이를 게을리한 채 피해자에게 안전수칙을 제대로 가르치지 않고 피해자가 안전모를 착용하지 않았음에도 그대로 ATV 사륜오토바이를 운전하게 한 과실로 피해자가 위 체험장에서 ATV 사륜오토바이를 운전하다가 울퉁불퉁하고 왼쪽으로 굽어진 길에서 위 ATV 사륜오토바이가 튕겨나가 피해자를 위 ATV 사륜오토바이에 깔리게 하였다.

Ultimately, the Defendant suffered two cases where the number of days of treatment cannot be known to the victim due to occupational negligence as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of D or E;

1. A written statement;

1. Application of the Acts and subordinate statutes to investigation reports (in connection with the failure of a medical certificate, accompanying a report for 119 emergency medical services) and requests for emergency medical services and emergency medical services;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;