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(영문) 제주지방법원 2019.07.19 2018고단2743
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2018, the Defendant: (a) around 14:40 on Jeju Island, the Victim C (the 74-year-old age) adjusted soil in the vicinity of the Defendant, and had the Defendant conduct the work of planting landscaping trees at the place where landscaping trees are planted by using the DNA excavating season, and helping the Defendant build and build landscaping.

In such cases, the driver of the digging range has a duty of care to prevent the accidents caused by the digging range by giving and receiving water signals with the person who helps work in the surroundings or by checking whether there is a person in the direction of the digging range, and continuing to prevent the accidents caused by the digging range.

Nevertheless, the Defendant neglected to do so, and instead sold the above scophys using the above scopher, and then got the body of the victim with the wheels of the above scopher, due to occupational negligence, and suffered about 16 weeks of treatment from the victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Each statement made by the police officer with respect to E, F, and G;

1. Investigative reports (including business registration certificates and attachment of field photographs) on police preparation and images (including attached documents);

1. Statement of the detailed details of police preparation;

1. Application of each statute stated in the medical certificate to C in the medical certificate prepared by the doctor H and the medical certificate to C in the medical certificate prepared by the doctor I;

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

1. Reasons for the sentencing of Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] from one month to five years [the determination of a sentence], the crime of causing death by negligence by negligence by negligence by negligence by negligence by negligence by negligence by negligence by negligence] - The mitigation element - the victim is not subject to punishment (the victim who is also by negligence by negligence by negligence by negligence by negligence by negligence by negligence by negligence by negligence).

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