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(영문) 인천지방법원 2015.04.16 2015고정620
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a experience center by receiving 15,000 won per 30 minutes for unspecified tourists in the nearby public waters in front of Incheon Bapo-gun. A.

On September 28, 2014, the Defendant was engaged in the business of leasing a private wheels with the foregoing place.

In this case, the Defendant had a duty of care required to thoroughly conduct the pre-safety education prior to the lease of the Mad-Ba to tourists, and to prevent accidents that may occur during the operation of the Mad-Ba driver who leased by placing the driver's age, driver's license, safety personnel, etc. in a hostile manner.

Nevertheless, on September 28, 2014, around 14:20 on September 28, 2014, the Defendant, who violated the above duty of care and neglected to conduct business, lent the Madiobane to C (the second grade students at the Heungjin-gun B sand president, Incheon, and caused the victim D, who was walking around the sand president, to suffer injury requiring approximately two weeks of treatment, such as the erode and tension of the front son.

(b) Any person who intends to occupy or use public waters shall obtain permission for occupancy or use from the management agency of public waters;

Nevertheless, from around 13:00 on September 28, 2014 to 14:40 on the same day, the Defendant occupied and used approximately 5 meters in width of the sand sand president in front of Incheon Cheongjin-gun, and approximately 10 meters in length without obtaining permission from the management authority of public waters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Photographss and field bond photographs related to the occupation and use of public waters without permission;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Matters concerning the relevant Article of the Criminal Act and Article 268 of the Criminal Act, the selection of punishment for the crime, and the management and reclamation of public waters;

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