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(영문) 인천지방법원 2013.11.06 2013고단5807

업무상과실치사등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a “C (representative D) employee of the Jung-gu Incheon Central Government that produces saves used in the chemical source or farm by collecting and crushing tree coatss in Jung-gu, Incheon.

1. 건설기계관리법위반 피고인은 2013. 7. 19. 10:30경 위 회사 제1공장 앞에서 그곳에 주차되어 있던 건설기계인 E 로우더로 인해 포터트럭에 수피(樹皮)를 옮겨 싣는 작업이 곤란하게 되자 건설기계조종사 면허 없이 위 로우더를 바로 옆 경사진 수피 더미 위로 약 4m 가량 이동함으로써 이를 조종하였다.

2. The Defendant caused the death by occupational negligence caused the death of the victim by making the victim F (the age of 68) who was on loading work after moving the safety devices for the operation of the ship while moving to the upper part of the light flag, while the article of the flag was absent due to the absence of a construction machinery operator’s license at the time, at the time, at a place at the preceding paragraph, and at the same time, and at the same time and place, the Defendant was driving the flag in person without a construction machinery operator’s license, and was parked above the light flag, but did not thoroughly carry the safety devices for the operation of the ship at the bottom of the flag.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of G and H;

1. Application of the photographic Acts and subordinate statutes;

1. Article 268 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, and Article 26 (1) of the same Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Taking into account the agreed point, etc.);

1. Social service order under Article 62-2 of the Criminal Act;