(영문) 대구지방법원 서부지원 2018.05.29 2017고정424

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2018.05.29 2017고정424

과실치상

Text

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

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

Reasons

Punishment of the crime

The defendant is a proxy engineer and the victim C (27 tax, South) is the owner of a passenger vehicle with DK5.

The Defendant, by driving a vehicle operated by the injured party upon a substitute call, operated approximately 100 meters in the same Gu G at the F Park located in the Daegu-gu Seo-gu E, and operated approximately 100 meters in front of the H store, and became the victim and the Sivic with the end of the mixed-level standard for destination.

At around 03:05 on September 17, 2016, the Defendant opened the door of the driver’s seat car and opened the door of the defective vehicle “I am off, I am off, I am off, I do not pay the substitute expenses.”

At this time, when the vehicle door is closed, the victim has a duty of care to prevent in advance because the victim may face with the vehicle door.

Nevertheless, the victim's damage caused by the vehicle at close and the vehicle was faced with the vehicle door, and the victim's damage caused by the vehicle door and caused the loss to be treated for 14 days.

Summary of Evidence

1. The witness C and I's respective legal statements;

1. Each police statement made to C and I;

1. Report on the occurrence of the case against the injury by negligence;

1. In the investigation report (the attachment of the victim's injury diagnosis report) [the defendant and his defense counsel did not close the door of the vehicle but did not close the door of the vehicle, or claimed that the victim's own close, and accordingly, the injured party's negligence did not suffer an injury. However, in light of the following circumstances, each of the evidence of the judgment, and the fact that the victim's grandchildren did not get off the vehicle at the time, and the fact that the victim's grandchildren took off the vehicle in the process can be sufficiently recognized.

We cannot accept the above argument of the defendant and defense counsel

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

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제266조 제1항

유사 판례

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-창원지방법원 2015.12.10 2015고단1319