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(영문) 대구지방법원 2021.01.14 2020고단4488

업무상과실치상

Text

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

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

Reasons

Punishment of the crime

‘‘(C in Yongcheon-si B, the Defendant is a person who is engaged in the work of moving raw materials, which are the raw materials of the frame, using a motor vehicle with a 3.5 ton in the above factory, while working together with the victim D (the remaining, 57 years old).

On February 18, 2020, the Defendant operated the above vehicle at the above factory parking lot on February 15:21, 2020, and transported the raw materials, which are the raw materials, to the warehouse, after producing the frame.

In such cases, there was a duty of care to ensure that the person engaged in the driving of the fore vehicle has a view to securing the front door door and well see the front door door and the left door, and to properly manipulate the steering direction and the brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and failed to discover the victim who was in the vicinity of the entrance of the above parking lot, and caused the victim by the previous part of the above forking vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury of an external wound, which does not have any wife in the two cases where approximately six weeks of treatment is open.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on internal investigation (a list of reports filed in 112), internal investigation report (a list of on-site photographs and reports on the chassis), internal investigation report (a list of on-site weather data verification), police statements made in D, investigation report (a list of reports on injury) (a list of reports on 112);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the punishment by negligence [the type 2], the scope of the occupational and gross negligence injury (the scope of the recommended area and the scope of the punishment by gross negligence], the basic area of the punishment by negligence (the scope of the recommended area and the punishment by gross negligence], and April through October

3. Determination of sentence - The time of committing a crime.