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(영문) 대구지방법원 경주지원 2015.04.23 2014고단971
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of driving Category C vehicles.

On June 6, 2014, at around 07:20, the Defendant used “E” Mail-si, Youngcheon-si, Gyeongcheon-si, Gyeongcheon-si, and carried two concrete pipes equivalent to approximately 250 Kg of the victim F with a 15 tons of dump truck.

At the time, in order to facilitate work, the defendant used dump trucks to have the rear of the loading box of dump trucks, and the victim was engaged in the work to fix the dump trucks by receiving each item between the back door of the dump truck and the columns of the loading box.

In such cases, if the back door of the loading box is not fixed completely with each item, the Defendant has a duty of care to prevent accidents in advance, such as reducing the forek on the part of the fore truck, after checking whether the victim is safe and whether the back door of the loading box of a dump truck was safely fixed, since the back door is far away from the back door and the victim could be able to do so.

Nevertheless, without confirming this, the Defendant left away from each item that was not properly fixed due to the negligence of cutting off the fore on board the back of the loading box as it is without confirming it, and the back door was closed, and the victim’s fore-mail kids between the back of the loading box and the columns.

As a result, the Defendant suffered injury, such as cutting the foundation of the right to the right, which requires approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police interrogation protocol against the accused;

1. The statement of each police officer made to F and G;

1. A report on investigation (attaching photographs, such as a site of occurrence);

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. An agreement is made with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

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