logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.09 2018고단2396
업무상과실치상등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 13:30 on January 11, 2018, the Defendant injured by occupational negligence was engaged in the operation of the H beamline in the field of the cargo vehicle operated by the victim D (the age of 49) by operating the 7.5 tons of the H beamline in the field of the (ju) materials storage site where the Defendant was working for the Defendant located at the (ju) materials storage site located at the port.

In such cases, the driver of the vehicle has a duty of care to prevent the occurrence of safety accidents by installing a set so that people can not enter the workplace, or by designating a signaler and safety manager, and working for the signaler and safety manager.

Nevertheless, the Defendant, while driving a vehicle without obtaining a construction operator’s license and neglecting its duty of care as seen above and operating the sn beam light of the sn beam, did not stop the sn beam on the sn beamline between the sn beamline and the sn beamline making it difficult for the Defendant to work because it does not fit the sn beam between the sn beamline and the sn beamline, thereby reducing the sn beam beam on the ground of occupational negligence that the sn beam of the sn beam in order to

As a result, the defendant suffered the victim's laverization of laverization of 10 weeks to the right-hand side which requires treatment.

2. The Defendant violated the Construction Machinery Management Act without obtaining a construction machinery operator’s license at the date, time, and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A complaint;

1. A written confirmation of injury occurrence;

1. A medical certificate;

1. A certificate of emergency medical services;

1. Application of victim photographs and Acts and subordinate statutes on initial evaluation of emergency patients;

1. Relevant Article of the Criminal Act, Article 268 of the Criminal Act, the choice of punishment for the crime (the injury caused by occupational negligence, the choice of imprisonment without prison labor), Articles 41 and 26 (1) of the Construction Machinery Management Act (the occupation of non-licensed construction machinery type), and the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

arrow