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(영문) 수원지방법원 2017.04.12 2017고정78
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 21, 2015, the Defendant suffered from occupational injury and injury was engaged in the operation of a excavating machine within the “C” located in Young-si, Young-si, Young-si, Young-si, in loading a cargo lane, and thus, the Defendant had a duty of care to prevent an accident due to the transportation of scrap metal by safely manipulating the electric left and left well, and thereby, he had a duty of care to prevent an accident in advance.

Nevertheless, the Defendant neglected to do so and caused the victim to suffer bodily injury, such as double flaging of 16 weeks in need of treatment between approximately 16 weeks in the head of the victim D ( South, 64 years old) who was working in the vicinity of the flag.

2. The Defendant violated the Construction Machinery Management Act, at the time and place specified in paragraph 1, operated a construction machinery pilot license without obtaining a construction machinery pilot license from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including the E part of the statement);

1. Investigative report (related to the excavation of this case), and replys to a request to send a construction machinery pilot's license;

1. Application of Acts and subordinate statutes to shotf photographs;

1. Relevant legal provisions for facts constituting an offense, Article 268 of the Criminal Act for the selection of punishment (in the course of performing duties and negligence), Article 41 subparagraph 2 of the Construction Machinery Management Act, and the main sentence of Article 26 (1) (in the course of operating unregistered construction machinery) of the Construction Machinery Management Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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