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(영문) 제주지방법원 2020.07.23 2020고단906
업무상과실치상
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employee of the corporation B, and a person engaged in loading and unloading cargo loaded on cargo loaded in cargo vehicles by operating the corporation C.5 tons (2.5 tons).

On April 5, 2019, from around 13:00 to 14:00 on the same day, the Defendant: (a) operated the instant vehicle at the workplace located in Jeju-si; and (b) performed the work of loading and unloading alcoholic boats while loading and unloading freight cars driven by the victim E (Nam, 30 years old) while operating the said vehicle; (c) had the victim connect the victim with the wire ropes in order to bring the train loaded inside the said cargo loaded at the end of the loading to the end of the loading; and (d) had the victim connect the wire ropes to the said set at the end of the loading; and (e) had the victim connect the edge of the wire to the said set at the end of the loading.

In such cases, there was a duty of care to prevent accidents in advance, such as whether the victim connects the wire ropes to an appropriate place, whether the victim moves to a safe place after connecting the wire ropes with the wire ropes, and whether the victim moves to a safe place.

Nevertheless, the Defendant, while neglecting the above duty of care, went to the part of the victim's left hand and the platform of the knife the knife of the knife, who was operating the above knife and connected with the wire ropes on the knife.

Ultimately, the Defendant suffered injury to the victim, such as the first balance of the left-hand 1 balance, which could not be known during the treatment period due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, a medical certificate, a certificate of medical records, a written confirmation of treatment, a disability diagnosis certificate, and a medical certificate for delayed disabilities

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69(2) of the Criminal Act for confinement in a workhouse (when a sentence of suspension of execution of punishment is invalidated or revoked, a fine shall not be paid);

1. Article 62 of the Criminal Act:

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