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(영문) 대구지방법원 2020.11.10 2020고정690
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 responsible for the management and supervision of the work, safety, etc. of workers at a business owner of the “C” located in G in G in Si of Si of Si of Si of Si.

The Defendant had a duty of care to thoroughly check and monitor the safety, health, and inspection of the machinery, apparatus, or equipment related to the work of directing and supervising the press machinery (such as fingers in the press machinery) in a single-name (i) safety education while working for the primarily processing of materials, such as bend, bend, bend, and fronts, (ii) the Defendant breached his/her duty of care, such as lack of protective measures to prevent access to the press machinery, as seen above. Accordingly, the Defendant, around 15:00, at the above “C” around December 14, 2019, 53 years old-old press machinery and resulted in cutting off the 2nd balance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of accident;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the crime of this case and is against the defendant, the defendant does not want the punishment of the defendant, the victim appears to have been negligent due to considerable negligence in the occurrence of the accident of this case, the defendant does not have any criminal record exceeding the fine, and the defendant has no record of criminal punishment for more than 10 years since July 2008, the amount of the fine prescribed in the summary order is somewhat excessive, and thus, the amount of the fine prescribed in the summary order shall be reduced as per the order.

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