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(영문) 서울동부지방법원 2019.11.29 2019고단1627
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with a disability of the fourth degree, who is engaged in driving of electric wheelchairs.

At around 16:00 on January 4, 2019, the Defendant: (a) was negligent in the course of performing occupational duties in which the knife of the previous knife while driving the electric wheelchairs in the Gangdong-gu Seoul market; (b) was inflicted on the victim C (the 61 year old, female) who was walking in the bed before the bed, by using the electric wheelchairs, and caused the victim to suffer injury, such as the flife of the flife of the flife flife flife flife flife.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. A complaint;

1. The defendant and his defense counsel acknowledged the fact that he inflicts an injury on the victim by the defendant's negligence, but the person driving the electric wheelchairs is treated as pedestrian reference, and the defendant asserts that the electric wheelchairs (the driver of the electric wheelchairs for medical treatment is driving) for health reasons without any professional purpose does not constitute "working" for the crime of injury caused by negligence in the course of duty.

In the crime of injury caused by occupational negligence under Article 268 of the Criminal Act, the term "business" means a business that a person continues to engage in a social life and has intention or fact to continue to engage in such social life, and as long as it is a business which causes danger to life and body due to its nature, it shall be deemed that it constitutes a business of principal crime, and its affairs do not require profit-making or legitimate business affairs

However, according to each of the above evidence, since the defendant continued to drive an electric wheelchairs, which may cause danger to human life and body, and since the defendant continued to drive an electric wheelchairs continuously and repeatedly, the defendant's operation of the electric wheelchairs is an injury resulting from occupational negligence regardless of whether it is a professional purpose.

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