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(영문) 인천지방법원 2012.12.26 2012고단10763
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six 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

At around 17:40 on May 10, 2012, the Defendant was engaged in installing a concrete drainage pipe at the construction site in the Magcheon-gun, Seocheon-gun, Seoul Special Metropolitan City, Seocheon-do, Seocheon-do, Gecheon-gun, Gecheon-do.

The above work carried out by the defendant to the floor of concrete drain pipes using a click tank, the victim C (53 years old) was located in the drainage pipe, and the defendant was removed from the click tank and carried out by the method of covering the soil after cutting the clicker.

As above, the Defendant was engaged in work together with the victim, so in such a case, the Defendant, who was an engineer of the clacker, had a duty of care to check whether the clacker was properly installed and work safely.

Nevertheless, the Defendant neglected to do so and did not confirm whether the kacker was properly installed in the knife season, and caused the knife to face the body of the victim by dividing the knife from the knife season.

As a result, the Defendant inflicted injury on the victim, such as water damage requiring approximately twenty-four weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Photographs;

1. Construction machinery registration certificate;

1. Saficial photo;

1. C Complaints;

1. A written diagnosis and an application for medical care;

1. Application of Acts and subordinate statutes to report on investigation (victims' current status, etc.);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the victim has agreed smoothly with the victim, the fact that the above excavation period is covered by the automobile comprehensive insurance, the age, character and conduct of the defendant, home environment, etc.);

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