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(영문) 전주지방법원 군산지원 2013.09.11 2013고정487

업무상과실치상등

Text

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

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

Reasons

Punishment of the crime

1. A person engaged in the work by using a excavating machine, which is a construction machinery injured by occupational negligence, has a duty of care to live in the front, rear, left and wells around, and operate safely;

Nevertheless, at around 08:30 on March 5, 2013, the Defendant neglected to do so, and was engaged in le-contasing operations at the house of Da located in B located in the front north of North Korea, the Defendant suffered from the injury of the said victim due to occupational negligence, which requires approximately five weeks of treatment on the right side and the right side side of the victim D (Nam, 51 years of age) who was working on the ground of the unclaimed work at the site of the victim D (Nam, 51 years of age), for about seven weeks of treatment.

2. The Defendant violated the Construction Machinery Management Act, without a construction machinery operator’s license, operated a d.5 tones of construction machinery, which is owned by the Defendant at the same time and place as that of paragraph (1).

Summary of Evidence

Application of each Act and subordinate statute to the defendant's legal statement, police statement of D, and each written diagnosis

1. Relevant legal provisions concerning criminal facts: Article 268 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, and the main sentence of Article 26 (1) of the Construction Machinery Management Act;

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

1. Articles 70 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;