업무상과실치상
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person driving a vehicle to which he/she had employees under the E, a stock company located in Gyeongcheon-gun, Gyeongcheon-gun.
On November 12, 2016, around 14:30 on November 14, 2016, the Defendant got off the block of the BW retaining wall with a weight of 700km, which is loaded on the G car truck owned by the victim F (54 tax).
Since BW retaining wall block loaded on a cargo vehicle has three parts, but it is dangerous for the defendant to work in an lane because it is not fixed with wire ropes, etc., the defendant has a duty of care to check whether there is a person around it, and the defendant has a duty of care to check whether there is a person around it, to put the fore bW retaining wall block up up with the center, and to take it up safely, and to prevent accidents in advance.
Nevertheless, the Defendant neglected this, without putting the bW block from the retaining wall, laid down the bW retaining wall block with the bW retaining wall block at the same time with the bW retaining wall block at the same time, and applied it over the bW retaining wall block with the bW retaining wall block.
Defendant 2 caused an injury to the victim due to the above occupational negligence by forcing the victim to cut the bridge on the left side.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Each police statement made to F and H:
1. Each investigation report (No. 8,10 No. 10)
1. An accident explanatory note;
1. A medical certificate;
1. Application of the Acts and subordinate statutes concerning the closure of an accident image images;
1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;
1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are recognized and reflected in the suspended sentence.
There was an agreement with the victim and there was no criminal conviction against the defendant.
The above points are favorable to the defendant.
However, the defendant's negligence causes damage to the victim.