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(영문) 서울북부지방법원 2015.06.24 2015고단1457

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a maintenance assistant worker of a corporation B, who is engaged in the maintenance support of village buses.

On September 30, 2014, the defendant around 18:21, 201, at the front of D in Gangnam-gu Seoul, Gangnam-gu, Seoul, the defendant performed the work of replacing E village buses.

At the time, the Defendant had a duty of care to prevent accidents by taking safety measures, such as ensuring that a person engaged in the maintenance of a bus does not get off the bus with the wheels of the bus in order to prevent accidents by taking safety measures, such as ensuring that a person engaged in the maintenance of the bus does not get off the bus depending on the bus getting off the bus, because he/she had a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected this and did work with the bus's wheels, and got about 650 meters off the part of the panion of the Gstststa car driven by F in the direction of Cr. Gyststa car operated by F in the direction of Cr. The Defendant was in compliance with the victim I (W, 13 years old) who had been parked in the front of H Hasta taxi with the back part of the panion of Hstasi that was parked in the front.

Ultimately, the Defendant suffered from the victim F (the 72-year-old)’s negligence in the course of business as above, approximately 12 weeks of injury to the right-hand chills, and the victim I suffered injury, such as a two-time sludge salt, etc., which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to medical certificates (F), general medical certificates (I);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The defendant's negligence on the grounds of sentencing Article 62-2 of the Criminal Code of the Social Service Order and the probation order and community service order and the F suffers serious injury that requires 12 weeks of treatment, and the defendant.