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(영문) 춘천지방법원 강릉지원 2017.10.18 2017고정232
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the operation of the train that the defendant injured by occupational or practical injury.

On April 14, 2016, the Defendant: (a) operated the train in front of C in Gangnam-si B; and (b) laid down the log loaded in Trrr.

A person engaged in the work of operating the fork-ship has a duty of care to prevent accidents in advance by safely operating the vehicle, such as loading and unloading appropriate quantity of goods so that there is no person in the surrounding area when loading and unloading goods, and loading and unloading goods to prevent accidents.

Nevertheless, the Defendant neglected this and did not take any particular measure on the part of the victim D (60). The Defendant, by negligence, lost the raw timber in excess of the appropriate quantity on the part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part.

As a result, the Defendant suffered from the above occupational negligence the body part in need of approximately 10 weeks medical treatment.

2. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a license from the head of a Si/Gun/Gu;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, has not obtained a construction machinery pilot's license, and operated more than three tons of the construction machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on industrial accident compensation insurance, a certificate of emergency medical services, a photograph of an accident vehicle, a diagnostic certificate, a field photograph of the accident, a photograph of the accident forkepter, and an investigation report (related to operation forkless at the

1. Relevant legal provisions for facts constituting an offense, Article 268 of the Criminal Act for the selection of punishment (in the course of performing duties and negligence), Article 41 subparagraph 2 of the Construction Machinery Management Act, and the main sentence of Article 26 (1) (in the course of operating unregistered construction machinery) of the Construction Machinery Management Act, and the selection of fines, respectively;

1. The aggravated Criminal Act for concurrent crimes.

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