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(영문) 서울남부지방법원 2014.04.29 2014고단758

업무상과실치상

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the vehicle in which the defendant has been engaged in unloading or unloading of cargo.

At around 15:00 on November 13, 2013, the Defendant: (a) driven the said car in Guro-gu Seoul Metropolitan Government “C”; and (b) carried the 200 km species of 4.5 tons of the Victim D while carrying the said car in the cargo vehicle.

In such cases, the driver has a duty of care to safely unload the cargo after examining whether there is a person in the vicinity of the driver's and the cargo loading place, and checking the loading condition, fixed condition, etc. of the cargo in the driver's vehicle.

Nevertheless, while the victim loaded the above cargo in order to fix the string to the string of the string by using the rop, the defendant had the string of the string to a safe place after completing the string work, caused the string of the string, which was accumulated in the upper bottom, to fall off the string of the string, and caused the string to fall off on the upper bottom, and caused the string to fall off on the floor while falling off on the floor.

In the above occupational negligence, the Defendant caused the victim to suffer injuries, such as complicated crushing of two gones requiring treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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