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(영문) 춘천지방법원 2018.02.06 2017고단1314

업무상과실치상

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation and driving of C concrete pumps.

On October 17, 2017, the Defendant, around 15:40 on October 17, 2017, had the Defendant conduct concrete typology work using the above pumps to repair housing units.

At the same time, high voltage wires were installed and close close to them, and in such a case, a person engaged in the business of adjusting pumps has a duty of care to prevent high voltage wires from causing a shock accident.

Nevertheless, the Defendant neglected this to coordinate the pumps in the pumps with a mare container, and caused the victim E (54 years old) who was using rubber and metal created at the bottom of the roof to view the pumps in the course of business with a high-tension cable, and caused the victim to cut down the lower part below the left-hand kne by video of the number of days of treatment and the third degree of motion.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. On-site photographs of electric shock accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Scope of the recommended sentence] 2 types (in the event of a special mitigation (including efforts to recover damage), / In the event of a serious injury (including a special mitigation (a special mitigation) / (2) / (2) / In the event of a victim’s negligence, such as cutting off part of a bridge, etc., a victim’s permanent injury to the victim is an element for sentencing that is disadvantageous to the defendant.

On the other hand, the defendant seems to have been repented while making a confession of the crime of this case, and the victim did not want the punishment against the defendant by agreement with the victim.