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(영문) 인천지방법원 2017.10.13 2017고정1317
과실치상
Text

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

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

Reasons

Punishment of the crime

On November 19, 2016, the Defendant was operated by the Deputy Director of D, who is located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon on November 19, 2016.

During the process of putting off the E-si and taking into account the back wheels, the victim F (V, 55 years old) was considered to have set up G-si in this side.

At the time, the injured person opened the front door of the above taxi and laid the floor outside of the taxi, and there was a duty of care to confirm whether there is a person prior to the opening of the victim's taxi and to close the door safely so that the victim may not move.

Nevertheless, the Defendant neglected to do so and closed the door as it is, thereby breaking the two legs of the victim, and breaking the door.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium in need of treatment for about two weeks due to the above negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Medical certificates, on-site photographs, investigation reports (as to the confirmation of the contents of a black box), confirmation of release from entrance, and recording file records [The defendant and his defense counsel alleged to the effect that there was no injury to the victim, but according to each of the above evidence, the defendant's defense counsel can sufficiently recognize that the victim suffered the injury due to the shock of the victim's bridge during the process of leaving the door door, so the above argument is rejected.]

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;

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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