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(영문) 창원지방법원 2018.02.06 2017고단4278
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving 2.5 tons of vehicles.

On June 13, 2017, at around 21:00, the Defendant was driving the vehicle loaded with a wooden stack (220cm, height 10cm, weight 15 km) from the room of the entrance of the factory 2 factory site of Co., Ltd. C on June 13, 2017 at the 2nd factory site of Kimhae-si.

The place is a large number of people in charge of product verification, and thus, the person engaged in the business of driving the vehicle is identified as to whether he/she has a pedestrian by reducing the speed and taking the front door well, and sending a signal, such as sounding the horn, if any, to the person.

There was a duty of care to prevent accidents caused by lanes in advance.

Nevertheless, the Defendant did not discover the victim D (34) who walked in the same direction as the Defendant due to negligence while neglecting this, and did not discover the victim D (34) who walked in the same direction as the Defendant, and had the victim go beyond the floor by shocking the part of the victim's her tock on the bottom of the foreel.

Ultimately, the Defendant caused the victim to suffer injury, such as the crupt and the cruption, which requires approximately six weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The basic area (from April to October) of the sentencing criteria [the scope of the recommended punishment] Category 2 (Bodily Injury resulting from Business, Actual or Gross Negligence) (the person who is subject to special sentencing];

2. According to the decisions of sentence, the sentence shall be determined as ordered in full view of all the circumstances, such as the age, sex, environment, motive, means and consequence of the commission of the crime, and the conditions for the sentencing specified in the instant case, including the circumstances after the commission of the crime.

The favorable circumstances:

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