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(영문) 창원지방법원 2016.03.17 2015고단3488
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who works in the “C” located in Kimhae-si, while working in the “C”.

On September 23, 2015, around 15:30 on September 23, 2015, the Defendant operated the vehicle in the 1st workplace of the above C, and was engaged in the work of transporting the bridge for vessels located inside the entrance of the said workplace.

A person engaged in construction work, such as driving on a train, has a duty of care to prevent the occurrence of an accident, such as performing work, when he/she takes care of other things in the surrounding area and confirms whether there is another person in the surrounding area.

Nevertheless, the Defendant, without any person who is negligent in doing so, operates the vehicle without any assistive person, and tried to put the vehicle in the wooden bed of the wooden bed, which was placed under the wall for the above vessel, but has not entered the said hole, and then pushed back the string with the wind, and the string was faced with the tank and the tank with the weight of about 700 km, where the said string was placed behind about 90 km, and the tank was continuously set up after the said tank.

2 The second tank was worked behind the second tank while the tank was faced with the above tank.

Cambodia's nationality victims E(E, 23 years of age) were shocked.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A death certificate;

1. Application of Acts and subordinate statutes to field photographs and photographs taken by them;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the confession of a defendant and the fact that a victim's bereaved family member does not want the punishment against a defendant);

1. The community service order under Article 62-2 of the Criminal Act;

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