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(영문) 인천지방법원 2016.05.19 2016고정176
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the driver of the vehicle, and C is the person who operates the corporation D.

From around 11:20 on July 17, 2015, in the Jung-gu Incheon port, the defendant confirmed whether the cargo loaded in the cargo loaded in the cargo loaded in the cargo loaded in the cargo vehicle by driving construction machinery, the defendant shall carry out work after securing safety by using construction machinery, such as a signal number or guide, etc., are posted, despite the fact that it is necessary to carry out work after disregarding the safety rules without work assistant, one ton of salt bags at each bed without securing safety rules, and even if there is no person in loading, C was negligent in performing its primary duty, such as neglecting the duty of care to prevent the injury of the cargo loaded in the cargo vehicle, and C did not perform the duty of care to prevent the injury of the cargo loaded in the cargo vehicle by driving the F vehicle, which is a construction machinery, and by failing to perform the duty of care to prevent the damage of the cargo loaded in the 2nd to the 2nd to the 5th ton of the 2nd to the 5th ton of the 2nd to the 2nd ton to the cargo.

Accordingly, the defendant and C jointly caused the injury to the victim by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 268 of the Criminal Act applicable to the facts constituting a crime and Article 268 of the choice of punishment.

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