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(영문) 청주지방법원 2014.10.08 2014고단790
업무상과실치사
Text

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

However, 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 is an employee of a loan and packaging construction company in a considerable area of Cheongju-si 928-6, Cheongju-dong, who is engaged in C mining search operation.

On December 17, 2013, at around 13:50, the Defendant had the victim E (the age of 46) pay gas to the above excavation season while working in the earth and rocks located in Jincheon-gun, Jincheon-gun, Jincheon-gun using the above excavation season.

In this case, in the case of the sowing machine, the person engaged in the operation of the sowing machine has a duty of care to leave the sowing machine on the floor, after leaving the sowing ticket on the floor, and after checking in advance whether there is a person within the radius, there was a duty of care to board the sowing machine after checking in advance whether there is a person within the radius.

Nevertheless, the defendant neglected to do so and let the victim take an oil with the view to leaving 30 cm from the ground while leaving the clocket, and let the victim take an oil, and without properly checking whether there is a person within the radius, the defendant is boarding the clicker.

The part of the victim's head of the above boomer's boomer's boomer's boomer's boomer's boom was moved to the right right side by the defendant's body, and completed booming work at that place.

Ultimately, the Defendant, through the above occupational negligence, caused the death of the victim to cerebral cerebral cerebral typism.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the statement made to F and G by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Relevant laws and Article 268 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Code of the Social Service Order resulted in a serious result of the victim’s death due to occupational negligence of the defendant.

However, the defendant is against the mistake and agreed with the victim's bereaved family members.

The surviving family members (the surviving family members do not want to punish the defendant).

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