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(영문) 춘천지방법원 원주지원 2017.08.30 2016고단1211
업무상과실치상등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Any person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery pilot's license from the head of a Si/Gun/Gu;

Nevertheless, on April 14, 2016, the Defendant, without obtaining a license for the operator of a scambling aircraft, loaded timber by operating the f4.9 ton of the Defendant’s possession for the loading of timber in the vicinity of nuclear power plant E around 07:20 on April 14, 2016.

2. The defendant who was injured by occupational injury is a person engaged in the operation of the F4.9 tons of digging machines.

The Defendant operated the above digging pool at the time and place specified in paragraph 1, and loaded kin trees on the victim G (64) truck with five tons of kin trees.

In such cases, a person engaged in the operation of a digging pool shall not operate a digging range without a construction machine pilot's license, and a person other than the relevant workers shall be prohibited from entering a place where there is a risk of falling, falling, or falling timber in the direction below the direction, etc., and when loading cargo, he/she has a duty of care to safely load timber to the extent of unstableness, and there has been duty of care to safely load it in order to prevent timber from spreading.

Nevertheless, the Defendant did not prohibit access to the cargo loaded on cargo vehicles at the risk of falling without the license of the operator of scambling machines, and, by negligence, laid down a scambling hole at a height scambling point to the degree of unstable wood, made the victim, who was engaged in organizing timber by digging it on the loaded bottom of the said truck, have the victim, who was engaged in the act of piling timber onto the loaded bottom of the said truck, laid down the back scam in order to avoid the timber and falling off on the loaded truck.

Accordingly, the Defendant suffered injury to the victim, such as a chest 12, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness;

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