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(영문) 인천지방법원 2014.12.05 2014고정3672

업무상과실치상등

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving service for the company's bodily injury.

On March 27, 2014, around 10:20 on March 27, 2014, the Defendant got back with a lane for the Defendant’s operation in Gyeyang-gu Incheon Metropolitan City C factory.

Since there is a narrow space at the time, there was a duty of care to safely drive the vehicle to prevent the collision by safely driving the vehicle, such as checking the front side and the right and the right, and checking whether there is another person in the rear side.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (n, 49 years of age) which was located on the rear side of the next side of the vehicle, and did not discover the victim D (n, 49 years of age) and applied the part of the victim's left side with the rear wheels of the defendant's driving.

As a result, the Defendant suffered from the injury of the victim by his occupational negligence, such as leaving the left side of the medical treatment day, which cannot be seen.

2. A person who intends to operate construction machinery violating the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu

Nevertheless, the defendant operated the above vehicle without obtaining a construction machinery operator's license at the above time and place.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police suspect interrogation protocol of E or D;

1. Investigative report-verification of whether to issue an operator license for for fork-up vehicles;

1. Application of the Acts and subordinate statutes to the victim D upper parts, photographs held by the victim, and CCTV data in the field of the case;

1. Relevant Article 268 of the Criminal Act, the choice of punishment against the crime, Article 268 of the Criminal Act, subparagraph 2 of Article 41, the main sentence of Article 26 (1) of the Construction Machinery Management Act, and the selection of fines, respectively;

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;