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(영문) 대전지방법원 홍성지원 2018.10.30 2018고정77
과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. On February 5, 2018, the Defendant, at around 11:30 on the charge, was driving and moving the wheelchairs prior to the front of the D cafeteria located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

In such cases, there was a duty of care to prevent accidents by checking whether a person who drives an electric wheelchairs has a pedestrian in the direction of the operation, and accurately operating the steering gear and brakes.

Nevertheless, the defendant neglected this and went beyond 79 years old due to the negligence that he proceeded with the front wheelchairs and got the victim E (Woo, 79 years old) at the edge of the opposite road.

In the end, the Defendant committed the above negligence that caused the victim to close down knenee bones, which requires approximately six weeks of treatment.

2. Determination

(a) Applicable legal provisions: Article 266(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 266 (2) of the Criminal Act;

C. On June 21, 2018, after the prosecution of this case, a letter of agreement is submitted to the effect that the injured person does not want the punishment of the defendant.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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