beta
(영문) 창원지방법원 마산지원 2014.03.19 2013고단717

업무상과실치상

Text

Defendant

A shall be punished by imprisonment without prison labor for eight months, and by imprisonment without prison labor for ten months.

provided, however, that each judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B is the actual operator of F in Changwon-si E, Changwon-si, the actual operator of F, and the defendant A is the driver of Twitler belonging to F.

Defendant

B, on October 12, 2012, the above F’s roof repair work requested G to perform the work by requesting five to take five tons of weight weight from G, and the work was done by using a casset at the site, and there is a duty of care to prevent accidents that occur in the course of the work after checking whether the cacker’s safe connection is connected to G, and Defendant A was obliged to pay a duty of care to prevent accidents that occur by separating the cacker in the process of the work. Defendant A, at the above request of Defendant B, operated a cacker who is not five tons of weight but not five tons of weight weight, operated the cacker on the cacker’s h (37 years old) before driving in advance, after checking whether the cacker’s connection was safe before driving in advance, and even if there was a duty of care to prevent accidents in advance, Defendant A, who was negligent in entering the cacker’s 5 meters away from the above cacker’s ground.

As a result, the Defendants jointly inflicted injury on the victims of occupational negligence such as mination of 14 weeks in need of approximately 14 weeks of treatment, L1 parts, closure, throkes to the right side, closure, etc.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness A, G and H;

1. Each police statement related to H and G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the submission of materials;

1. Articles 268 and 30 of the Criminal Act concerning the facts constituting a crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order (Defendant B) of the Criminal Act is that Defendant A does not have the same kind of power, and Defendant B denies the instant crime, but commits the same kind of crime.