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(영문) 대구지방법원 2017.12.15 2017고정1857
과실치상
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a disabled person with a disability of the third degree.

On April 27, 2017, the Defendant: (a) performed a duty of care not to impede the passengers’ getting on and off of the subway tracks in the subway market station located in Daegu Jung-gu instead of Daegu Jung-gu; (b) however, in operating the electric wheelchairs of the subway, the Defendant took care of not impeding the passengers’ getting on and off of the subway; (c) while getting out of the subway, the Defendant got out of the subway with the electric wheelchairs and did not properly look at the surrounding area, caused the injured party C (V, 74 years old) who was under the atmosphere for boarding (V, 74 years old) with the electric wheelchairs, and went out without taking any measure, and caused injury to the injured party (L1, L2) in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A CD (video-recordings);

1. Photographss and diagnostic papers after a CCTV course is cut;

1. Application of Acts and subordinate statutes to investigation reports (the specified information on a suspect's card), closure photographs, investigation reports (the attachment of a copy of a welfare card);

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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