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(영문) 춘천지방법원 2015.06.12 2015고정21
업무상과실치상
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the management, inspection, and lending of the Swealtobane while operating the “E” in Chuncheon City D.

Along with the fact that a person engaged in the management, inspection, and lending of a master's right has a duty of care to not lend a defective master's right to a person who is in charge of management, inspection, and lending of a master's right to a customer by checking whether he/she has no error in the steering and brakes prior to lending a master's right to a customer.

Nevertheless, the defendant neglected this and caused the victim C to drive the above private wheeled Land with the negligence that caused the victim's negligence by leasing the private wheeled Land with the defect in the brake system.

Ultimately, the Defendant suffered from the victim’s occupational negligence, such as the left-hand side of the need for treatment for about six weeks, and the inside and outer walls of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of the witness F;

1. Some statements of the suspect interrogation protocol prepared by the police concerning the suspect;

1. Each written statement prepared by the police station against C;

1. A request for appraisal and a request for appraisal;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act and Article 268 of the same Act concerning the crime, selection of fines;

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;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings to Dismiss Application for Compensation (where the amount of damage is not specified) was normal prior to the accident that the defendant lent to the victim, and more than the brakes were generated due to the shock of the accident in this case, and more than the brakes were installed prior to the accident in this case.

Even if there is no proximate causal relation with accident.

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