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(영문) 인천지방법원 2017.11.30 2017고정2177
과실치상
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Incheon District Court on November 10, 2016, and the judgment became final and conclusive on November 18, 2016. On February 9, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court, and the judgment became final and conclusive on February 13, 2017.

On August 18, 2015, the Defendant parked a numberless BM vehicle on the front side of Yeonsunam apartment 2, the 232-ro, the BM vehicle from the 13:50, Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, and came to open and get off the driver's seat.

Since it is a road, a person who intends to open a door of a vehicle and get off the vehicle has a duty of care to prevent the accident in advance, such as taking a door of the vehicle, etc. after checking whether or not the person or the vehicle is coming from the front and rear.

Nevertheless, the Defendant neglected this and received the Defendant’s vehicle driver’s seat even in the vehicle of the victim B (68) who was frighting the door of the driver’s seat by negligence, without looking forward the front and rear door well.

As a result, the Defendant suffered damages to the victim by the above negligence during the period of two weeks of medical treatment, which is open to the lecture room within which medical treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared B;

1. A traffic situation report, a traffic accident report, and a medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes of search and judgment of each case;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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