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(영문) 대구지방법원 안동지원 2014.08.29 2014고단298

업무상과실치사

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2013, the Defendant, who is engaged in driving of the attached C03 excavation season, was engaged in the construction of access roads to the house of the victim E (59 years old) located in the permanent residence around 15:00, in the process of construction of access roads to the house of the victim E (59 years old).

At the time, many objects, such as hack pipe, are buried in the earth, and when the floor is flicker, there is a concern that the objects might be flicked in the vicinity, so there was a concern about flicking, thus prohibiting people in the border of the Working Group from entering the floor, and there was a duty of care to prevent accidents by preventing the flicking of the floor when flicking the floor from being flicked and safely.

Nevertheless, the Defendant did not take any particular measures with knowledge that the victim had entered within 3 meters, a radius of the tamper work. Although part of the hacker was exposed, the Defendant predicted that the hack pipe could spack during the work, he did not pay any attention to the hacker, and instead caused the hacker pipe to shock the hacker’s head by flaping the hacker’s hacker’s hacker’s hacker.

Ultimately, on December 30, 2013, at the time of the above occupational negligence, the Defendant caused the death of the victim from cerebral cerebral cerebral cerebralop, etc. at the Gyeongnam University Hospital in Daegu-dong 2, Daegu-dong 130.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1440, Jan. 1,