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(영문) 광주지방법원 목포지원 2018.04.20 2017고정548

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On May 10, 2017, the Defendant sought to use the victim F's vehicle (2.5 tons E) engine while carrying a cargo vehicle in the operation of the Defendant D located at Mapopoon on May 15, 2017.

In such cases, since the engine is hot and hot, and it is not easy to move easily, there is a duty of care to prevent the occurrence of an accident by safely performing work after checking whether there is another person in the surrounding area.

Nevertheless, the Defendant neglected this and neglected to set the wire ropes used by the injured person when combining engines in the vicinity of the cargo vehicle driver's seat, and opened an engine, which is a chief loading box, and caused the end of the engine to shock the victim's left hand second hand, thereby causing the injured person to suffer bodily injury on the left-hand side in need of approximately 4 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to medical certificates and engines photographs;

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;