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(영문) 대구지방법원 2016.09.07 2015고정2399
과실치상
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 11:00 on April 25, 2015, when the Defendant drives an electric wheelchairs and proceeding in front of Daegu Dong-gu, Daegu-gu, the Defendant neglected his/her duty of care and neglected to properly operate the steering gear, and caused the victim D (n, 7 years of age) who was under the electric wheelchairs of the Defendant who was under the influence of the steering gear, and caused the victim to suffer bodily injury, such as the right edge, bones, bones, etc., requiring treatment for about six weeks.

Summary of Evidence

1. Statement corresponding thereto in the protocol of examination of a witness to D of this Court;

1. Some statements in the police statement concerning D;

1. The defendant and his defense counsel asserted that, at the time of the instant case, it is true that the defendant passed by the victim's side from the rear side at the time of the instant case, the electric wheelchairs of the defendant does not conflict with the victim, and therefore the defendant's act does not cause any injury to the victim.

On the other hand, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim’s statement to the investigation agency on the circumstances in which the injury was suffered, does not coincide with the victim’s statement in this court. However, at the time of the preparation of the written statement, the victim made the statement “ ......., at the time of the preparation of the written statement of the police, ....., the victim was used as the side of the victim’s own wheel, following the victim’s statement on the background in which the victim suffered the injury of this case.

While stating "on the one hand, wheel chairss with low right edges, etc.

It is the same that in the case of the wheeling of the "I", part of the wheels of the wheelchairs is facing the right edges of the low.

"The defendant has made a statement as a witness in this court."

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