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(영문) 서울동부지방법원 2015.05.14 2015노108
과실치상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant cannot be said to have a duty of care as stated in the judgment of the court below when opening the door of the taxi driver's seat because the Defendant was seated in the taxi driver's seat at the time of the instant case and could not have known the location of the victim's damage.

Nevertheless, the court below found the defendant guilty on the charge of causing injury to the victim by negligence, and the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The fine of two million won imposed by the court below on the defendant is too unreasonable.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the victim got off his automobile while driving the automobile and driving it along the Defendant’s taxi before the crosswalk in front of the signal route, and was punished for trial expenses. The victim was punished for trial expenses by opening the door on the side of the taxi driver’s seat on the side of the taxi driver’s seat, and the defendant was able to open the taxi and get out of the door because the victim was unable to get out of the door because he did not have a door almost attached to the door, and the door again was closed again between the common sense. In this case, the victim who was then coming back after the Defendant tried to open the door, resulting in the injury of the instant case that was laid down in the narrow door of the taxi driver’s seat at the time of the instant accident, and thus, the victim’s accurate statement between the Defendant and the police at the time of the instant accident and the victim’s oral statement cannot be argued.

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