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(영문) 부산지방법원 2015.01.15 2014고정4189
과실치상
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person with a disability of the first degree with a brain lethy disability who attends a electric wheelchairs.

A person who operates an electric wheelchairs has a duty of care to safely operate the electric wheelchairs by fulfilling his/her duty of care before and after the operation.

Nevertheless, on May 9, 2014, the Defendant, at around 13:19, loaded the electric wheelchairs, passed the 42-story underground in order to get off from the subway station located in Seocheon-dong, Seocheon-gu, Busan, Busan, via the subway platform, boarded the elevator, and went into the elevator on the two-story underground, and neglected to stop the electric wheelchairs in order to get off from the elevator, and caused the collision with the other victim C (n, 74 years old), who was on board the elevator in the same elevator as the electric wheelchairs fishing, and caused the head to go beyond the victim, and caused the collision on the floor.

Ultimately, the Defendant caused the victim to suffer injury, such as “an injury to a short period of time,” which requires a medical treatment for approximately three weeks, and “brain cerebral sugar with no open address in two parts,” etc. by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. Each internal investigation report and accompanying materials;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Relevant Article 266 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;

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