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(영문) 대구지방법원 2014.05.02 2013고단6631
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The gist of the facts charged is C’s person engaging in D driving service.

On April 24, 2013, the Defendant parked a vehicle in front of the repair shop located at the lower part of the said vehicle, which was operated by the lower part of the Marina bus terminal located in the synthetic Dong of the Masan-si, Changwon-si on April 18:10, 2013, in order to suspend the operation and to repair the vehicle.

In such cases, a person engaged in bus driving service has a duty of care to inform passengers of the fact that he/she parked a vehicle in the vicinity of the Dok and the details of warning any danger in order to repair the vehicle in advance.

Nevertheless, the defendant neglected this and caused the victim E (the age of 63) who was lowered from the bus to fall on the floor of a 125 cm high in height without knowing that he was in front of the vehicle.

Accordingly, the Defendant suffered approximately 12 weeks of pressure from the above victim due to the above occupational negligence.

2. The Defendant asserts that the negligence of the Defendant cannot be recognized on the ground that the lower passenger could not anticipate that the lower passenger would fall into the Dok because the place where the instant vehicle was parked and the distance of the instant Dok was far away from six meters.

In other words, the following circumstances acknowledged by the evidence duly adopted and examined in this Court, i.e., ① the Defendant stopped the vehicle on the front side of the instant bus terminal due to the breakdown of the instant vehicle and left the passengers, including the victim. At the lower point of the said vehicle, the Docke is surrounded by the wall of the building, and the left side of the vehicle is installed with the Docke and the right side is enclosed by the wall of the building, so it seems that the Defendant in charge of bus driving stops the vehicle on the front side of the said Docke without securing the passage of passengers, and ② this is also the case where the Defendant in charge of bus driving stops the vehicle on the front of the said Docke.

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