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(영문) 창원지방법원 2020.06.12 2020고단697
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a representative of “C” in the operation of the Defendant in Kim Sea-si, and a person who is engaged in driving a vehicle that the Defendant had to drive.

On June 19, 2019, at around 09:30 on June 19, 2019, the Defendant carried out the work of loading and unloading the joint plate transported by the victim D (50 years of age) using the above factory. In such cases, the person engaged in the fore-road driving service has a duty of care to prevent accidents by accurately operating the steering gear and brake system for the fore-board vehicle after checking whether there is a person in the surrounding area by controlling the fore-board height and taking measures to prevent the fore-board, and by accurately operating the fore-board and brake system.

Nevertheless, by neglecting this, the Defendant did not regulate the softs on which the combined board is loaded, and thereby, found the victim who was in front of the vehicle in front of the vehicle in front of the vehicle in front of the driver's negligence and caused the joint board on which the victim was on board to cover the victim's wrong engine.

As a result, the Defendant suffered from the above victim’s occupational negligence in the above 12-day frame of opening the 5-day middle-water strings to the right side in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of relevant Acts and subordinate statutes to photographs by cutting down each diagnosis letter, USB dives, CCTV closures;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Incompetence] that the degree of injury of a victim is not less than that of the victim [fluent circumstances] [fluent circumstances], that there is a previous conviction of a fine, that there is a negligence of a victim, not a way that is expected to pass on the train, and that efforts have been made to reach an agreement;

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