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(영문) 부산지방법원 동부지원 2019.05.22 2019고단227
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates and manipulates the accusation vehicle B.

On April 28, 2018, the Defendant: (a) around 09:20 on April 28, 2018, the victim E (the age of 61) was on board the victim E (the age of 61) at the complaint work site of the building D elementary school located in Busan Metropolitan City Shipping Daegu C; and (b) took a waterproof work of outer walls at the airspace above the fourth floor height of

In this case, when a person who operates a vehicle using a booms, he/she has a duty of care to correct the safety distress of the booms in preparation for the fall, transfer, etc. of workers who may occur during the work, to check the safety gear of workers, and to observe the situation of the boom booms and the booms in the process of the work, and to accurately manipulate the remote booms of the booms, thereby preventing accidents.

Nevertheless, while the defendant did not wear safety equipment by opening the safety distance of the complaint work unit, was on board the complaint work unit in order to prevent the removal of the fourth floor outer wall of the above elementary school, the charge of filing a complaint with the remote controler of the booming booming booming from the outer wall of the above elementary school, which led the victim E to fall into the floor from the airspace above the fourth floor height of the above elementary school.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing duties, such as damage to sexual cerebral cerebralopia, damage to and cutting of Maternal Maternal Maternal Maternal Maternal Macul,

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against the defendant, F, and G;

1. A report on the results of field identification;

1. A report on the occurrence of an accident;

1. Five copies of a medical certificate;

1. Application of Chapter eight Acts and subordinate statutes to field photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. The instant accident occurred due to the Defendant’s breach of the duty of care as stated in the reasoning of sentencing under Article 62(1) of the Criminal Act, and the Defendant’s duty of care.

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