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(영문) 대구지방법원 안동지원 2018.06.12 2017고단592
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle with C low Pest Pest.

On May 13, 2017, the Defendant driven the above vehicle at around 08:55, and was parked the vehicle at the front of the E community hall located in the G in the Gancheon-gun of Gyeongbuk-do.

Since there is a slope, in the case of parking a vehicle to a person engaged in driving service, there was a duty of care to prevent accidents by putting the flag on the parking seat (P) and operating the Brick so as not to drive the vehicle.

Nevertheless, the Defendant neglected this and laid the vehicle's flag onto the NN, and caused the victim F (84 older) to get the vehicle's body part on the front side of the above community hall due to the negligence that did not operate the buck, getting about 10 meters a slope, and getting the vehicle's body on the front side of the above community hall.

Ultimately, the Defendant suffered injury to the victim, such as “an injury from an external wound,” which requires approximately eight weeks of medical treatment by occupational negligence, to the victim, such as “an injury from an external wound,” which does not have any two wounds in the open room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of a medical certificate, investigation report (verification of a locker of a tidal vehicle), caps and photographs and statutes on site photographs;

1. Relevant legal provisions concerning criminal facts: Article 268 (Selection of Imprisonment without prison labor)

1. Suspension of execution: The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) is that the injured person was involved in the accident and the degree of injury is very serious.

The defendant was unable to reach an agreement with the victim smoothly.

However, the defendant is the first offender, deposits money equivalent to money for the victim, and the victim does not want criminal punishment against the defendant.

It is so decided as per Disposition by taking into account all such circumstances, the age, sex, intelligence and environment of the defendant, relationship with the victim, motive, means and result of the crime, and the circumstances after the crime.

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