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(영문) 청주지방법원 2018.06.08 2017고정673
업무상과실치상
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Around 10:40 on February 27, 2017, Defendant B attempted to drive a D car parked at the 1st floor mechanical parking lot in the Heung-gu Seoul Building, Seo-gu, Seoul. At the time, the entrance of the mechanical parking lot was opened, and the vehicle entrance of the victim E (53) was in a state of opening, and the victim E (53) was already entering the vehicle and was in a place of parking with a view to getting the vehicle from the taxi.

A driver who intends to use a mechanical parking lot shall complete the vehicle storage in case of parking and divide his/her vehicle number into the machine, and close the entrance of the vehicle. In case of parking, the driver has a method of driving the vehicle out of the vehicle when the entrance of the vehicle is opened when the vehicle is opened.

The defendant knew that the above taxi was put into parking within the vehicle entrance of the above mechanical parking lot without shutting down. In such a case, the defendant should have verified whether the driver was landed from the taxi or checked the situation at all times, and even if he was not allowed to arbitrarily enter the vehicle number of other vehicles than his own vehicle into the mechanical machine, the defendant's vehicle number should be subdivided into the vehicle number on the mechanical machine so that the above taxi is operated by allowing the victim to get off the cab and get off the cab with the shoulder of the victim who opened the driver's seat in order to get off the cab while getting off the cab.

[Defendant and defense counsel asserted to the effect that the number of a taxi has been divided as Defendant A’s vehicle number, and thus, there is no negligence. However, if the entrance of the vehicle is closed before it is closed, there is sufficient possibility to have a person in the vehicle.

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