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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The accident of this case occurred by manipulating an accident of this case without confirming whether there is a person in the vehicle parking system immediately after the defendant made the statement that "I would make a mistake of facts or misunderstanding of legal principles" to the defendant, and without immediately confirming whether there is a person in the vehicle parking system, and thereby causing injury to the victim E. It is difficult to see that there is a breach of duty of care in the course of performing duties. Even if not, there is a proximate causal relationship between the defendant's occupational negligence and the victim'
Therefore, the judgment of the court below which found the defendant guilty on a different premise is erroneous in the misapprehension of facts or in the misapprehension of legal principles, which affected the conclusion of the judgment.
B. Considering the circumstances such as the fact that the Defendant’s health condition is not good, the Defendant’s violation of the duty of care, the degree of injury to the victim, and the victim’s responsibility is relatively heavy, and the Defendant’s 2 million won was sentenced to a fine, etc., the lower court’s punishment against the Defendant is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the regulations on the manager of mechanical parking devices and the regulations on the manager of mechanical parking devices in the education course of the Korea Transportation Safety Authority (A) are as shown in the attached Form. According to this, with respect to the mechanical parking lot value of not less than 20 vehicles acceptable, a manager shall be appointed for the safety of parking lot users. The manager of mechanical parking devices shall conduct the education for the mechanical parking lot manager conducted by the Korea Transportation Safety Authority (this education shall include general knowledge about the parking lot value, matters concerning its operation and handling, and other matters necessary for safe operation.
He/she shall obtain the necessary knowledge, etc. necessary for the operation of mechanical parking devices.