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(영문) 의정부지방법원 2020.09.24 2020고단2053
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 October 26, 2019, the defendant around 12:40, the defendant had a work of transporting approximately 50 boxes to the liquor warehouse while carrying them into the liquor warehouse.

In such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle by taking into account its surrounding condition well.

Nevertheless, the Defendant operated the vehicle without checking whether there is a person driving ahead of the vehicle in front of it, and received the parts, such as the victim D (ma, 38 years old), who kiddd in a liquor warehouse, from the top part of the above for the purpose of confirming the quantity of inventory, and got the victim over the floor. While stopping the vehicle in operation, the Defendant divided the part of the vehicle in front of the victim's body and divided the part into the part of the above for the above part, the part of the part of the vehicle in front of the victim's body for about six months, and suffered the victim's injury, such as the closed dong, chest, chest, and smoke, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a medical certificate, on-site photographs, on-site survey report (the confirmation of the status of a victim), investigation report (the verification of CCTV images at the site);

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the category 2] the injury by occupational negligence or gross negligence (the person who has been specially punished] caused by occupational negligence or gross negligence: the mitigated element of punishment (including serious efforts to recover damage): Where serious injury has occurred (the scope of the recommended area and the scope of the recommended punishment] basic area and the credit cooperative from April to October.

3. Determination of sentence: The occurrence of serious injury to a victim due to the defendant's occupational negligence;

However, the fact that the defendant recognizes his mistake and reflects it, and that the victim does not want the punishment of the defendant by mutual consent with the victim.

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