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(영문) 대구지방법원 안동지원 2015.01.06 2014고정215
업무상과실치상
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 18, 2014, at around 17:45, the Defendant, who is engaged in the operation and management of C gas stations, opened in advance a lid from the outer lids of the top in order to store oil on the ground that there is a vehicle supplying oil to store oil after being laid underground in order to store oil.

However, since there is a place where a vehicle using a gas station continues to pass through, the person who operates a gas station has a duty of care to prevent accidents by notifying drivers of the foregoing risks, as the vehicle wheels is likely to cause accidents due to the opening of the gas station. Therefore, the person who operates the gas station has a duty of care to prevent accidents by notifying drivers of the foregoing risks.

Nevertheless, the Defendant neglected to pay the oil due to negligence, and the F car driven by E, which started, opened a lid with the front wheels of the right-hand side of the F car, and the vehicle is paid by the vehicle, and the front lid of the vehicle and the front lid of the vehicle are faced with the impact.

As a result, the Defendant suffered from the injury of scarcity and scarcity in need of approximately two weeks’ medical treatment to the victim G (V, 43 years of age) who was on board the damaged vehicle due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation (on-site and vehicle shock photographs);

1. Relevant legal provisions concerning facts constituting an offense and Article 268 of the Criminal Act (Selection of Fine) [In full view of the victim’s statement concerning symptoms after an accident, the details of treatment thereof, the degree of shock of the accident caused by pictures taken by the shock side of the damaged vehicle, the seat of the victim’s boarding at the time of the accident, etc., it may be recognized that the victim sustained bodily injury under the Criminal Act due to the accident in this case];

1. Detention at a workhouse;

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