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(영문) 인천지방법원 2018.05.11 2018고정304
과실치상
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 29, 2017, at around 08:25, the Defendant was driving a electric wheelchairs in a train which arrived at a fluoral station in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and was getting off from the train.

In such a case, even though there was a duty of care to prevent the occurrence of danger in advance by viewing passengers in the back side, they neglected to do so, and the victim C (V, 36 years old) who was behind the back of the wheel chairs in the front side of the wheel chairs, was inflicted on the victim by taking approximately two weeks back the front part of the wheel chairs, and suffered injury, such as a scambling, etc., in need of treatment for about two weeks.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the prosecution against C;

1. A medical certificate;

1. The defendant asserts that there is no sufficient fact that he/she has shocked the damaged photograph, photograph taken by the victim on the part of the victim's cell phone, the confirmation of the date of photographing the victim's cell phone, and the photograph taken by capturing the CCTV image (the defendant and his/her defense counsel did not shock the victim with the front

According to the evidence duly adopted and examined by this court, the victim has consistently stated the damage caused from the initial report to the prosecutor's investigation. In light of the surrounding circumstances at the time, the victim has credibility in the statement.

According to the statements of the victim, the defendant and his defense counsel are sufficiently recognized to have inflicted an injury upon the victim by shocking the victim with electric wheelchairs, and the above assertion is without merit.

Application of Statutes

1. Article 266 of the Criminal Act applicable to the crime, Article 266 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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