(영문) 수원지방법원 성남지원 2013.04.11 2012고단2181

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(영문) 수원지방법원 성남지원 2013.04.11 2012고단2181

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was a person who is engaged in the operation of electric cars, and around 15:00 on September 6, 2012, the Defendant, while carrying the motor vehicle to move the motor vehicle to the cargo parking lot in front of the 308 main corridor-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, in front of the D Building D, in order to drive the motor vehicle to the cargo parking lot, the color motor vehicle owned by E was obstructed and requested to move the motor vehicle rapidly to E, but the victim F(39 years of age) was late.

At the time, the victim, who was the victim of the accident, was faced with the defendant who was in the former operation, so in such a case, the person engaged in the operation of the former operation had a duty of care to prevent accidents, such as operation, etc. after checking the safety by checking well the right and the right and the right.

Nevertheless, the defendant neglected this and went through the victim's left side by the negligence of leaving the motor vehicle as it is, and then suffered from the victim's right-hand side which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F and G;

1. Statement of each police statement concerning F;

1. A written diagnosis of injury;

1. Application of statutes as a result of CCTV verification;

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

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention in the workhouses are as follows: (a) the Defendant reflects the instant crime and agreed with the victim; (b) the Defendant was the primary offender; (c) the victim was damaged by negligence adjacent to the victim; (d) the victim partially provided the cause of the accident by fighting with the Defendant; (c) the character and conduct of the Defendant, degree of negligence, and attitude after the commission of the crime.

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제268조

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