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(영문) 대전지방법원 홍성지원 2018.01.18 2017고정311

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of an anti-aircraft for a astronomical work, such as destroying a site for a power plant, at the site of the building site in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

On December 29, 2016, the Defendant: (a) around 09:40 on December 29, 2016, the Defendant: (b) at the construction site at the same time, intended to have the brine equipment, which is used to attach base teams, sold the equipment, such as the brine and the brine, and to cut the brine equipment, using the said crine.

At all times, there are many cases where heavy equipment vehicles are located around the gas station and are waiting in order to oil in the area, and there are risks of accidents, such as collisioning, when transporting equipment such as pressing, etc., they are faced with obstacles in the surrounding area, etc. Therefore, in performing the operation of a navigation gear, those engaged in the operation of the navigation gear have a duty of care to take care of signal signal signals to prevent accidents from being caused by driving and prevent accidents in advance.

Nevertheless, the Defendant neglected this and did not see the number signal C, which does not stop the turn of the navigation gear, and met as it is, due to negligence, the victim D (61) who was parked to oil in the oil station at this time, shocked the front front glass of the E-Tank car driving by the victim D (61).

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., post-distance stress disorder and chlostal dye, which require approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. On-site photographs;

1. An explanatory note on the prevention of danger of navigation or navigation;

1. A copy of medical records, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.