(영문) 인천지방법원 2018.05.24 2017고정2995

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(영문) 인천지방법원 2018.05.24 2017고정2995

과실치상

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 05, 2017, around 18:20 on the roads of the C church located in Namdong-gu Incheon Metropolitan City, the Defendant: (a) stated the number of taxi registration in order to report after getting out of the C church as “the victim D (74 years of age, south) who is a taxi passenger”; and (b) opened a door and intending to get out of the taxi in order to report after getting out of the taxi.

In such a case, the Defendant had a duty of care to prevent the occurrence of danger, such as checking the fact that the victim safely gets off, since the Defendant was in the process of trying to board another taxi with the victim's complaint while under the influence of alcohol, and thus close the door, etc., the victim may face with the risk.

Nevertheless, the Defendant neglected this and caused injury to the victim's left side of the taxi due to the negligence of closeing the door that the victim tried to report even though he was in the process of getting the victim into another taxi, and caused about 30 meters of the victim's left side to the back of the taxi, and suffered injury such as the snow grass and open room around the snow.

Summary of Evidence

1. Legal statement of the witness D;

1. Damage photographs, 112 reported statements, opinions, and video CDs [the victim made a consistent statement from an investigative agency to this court, consistent with the facts charged in the instant case, and the statement is relatively consistent and is not likely to suspect credibility.

At the time, there was a dispute over whether the Defendant returned to the destination with the victim, who is a taxi passenger, and the Defendant was in the state of reporting 112 to the police, and thus, the Defendant did not know the specific personal information of the victim at the time.

It seems that there is a reason to prevent victims from leaving another taxi site.

According to the voice of the motion picture image in the video CD.

유사 판례

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