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(영문) 인천지방법원 2016.09.08 2016고단4735

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 10:00 on September 15, 2015, the Defendant: (a) loaded the cargo onto the cargo loaded with a iron plate (i.e., material used for construction as Pokeers at the construction site of the 271 Incheon International Airport 2 Office, the Jung-gu Incheon International Airport 2, and (b) loaded the cargo onto the cargo onto the cargo, with a height of 1m, and 6m in length.

At the same time, the victim B (the 62 years of age) and C walked a chain on the scrap in the said iron plate, coming the chain to Pokes, and the defendant was working in the way of moving the freight lane by entering the iron plate as a Pokes.

Under the zone where a steel plate is moved into a heavy iron plate, there is a risk of shaking or falling the iron plate, and the victim, etc., etc., may be involved in an accident where the steel plate is shakened or fall. In such a case, the defendant driving the scke has a duty of care to safely check whether there is a person in the zone where the scke is moving the scke, and to check whether there is a person in the zone where the scke is carrying the scke, and to check whether there is a person in such zone.

Nevertheless, the Defendant neglected this and did not look at whether the steel plate is fixed in a stable scke when entering the iron plate as a scke, and did not confirm whether there was a victim between the scke and the cargo vehicle, and caused injury to the victim, such as a closed head, bones, bones, etc. in need of treatment for about five weeks, on the iron plate in which the head of the victim was faced with the scke.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. A medical certificate;

1. Application of damaged photographs and on-site photographs statutes;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Selection of penalty;

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