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(영문) 의정부지방법원 2014.11.27 2014고정208

업무상과실치상

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the adjustment of C mining ground.

On June 18, 2013, the Defendant, at the E construction site located in Yangju-si D, adjusted the above excavation season and conducted the excavation work.

In such a case, the person engaged in the clock driver had a duty of care to prevent in advance from causing harm to other workers by using the clock stability system after using the clacker stability system.

Nevertheless, the Defendant neglected to do so and caused injury to the victim, such as brain dust, etc. for a period of up to three weeks, on the ground that the victim F (the age of 39) who was working at the above site was driven by the victim F (the age of 39) due to negligence and did not neglect the stability device, and the Defendant was in charge of the adjustment of the clicker in the clacker so that the clicker would have been driven by the

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to on-site photographs (the testimony of the victim F is consistent with the facts constituting the crime in the judgment of the court below in full view of the fact that the testimony of the victim is reliable in light of the specification, consistency, attitude of statement, etc. of the content of the statement, and the fact that the name of the disease, such as brain sins, etc. stated in the injury diagnosis report,

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;