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(영문) 제주지방법원 2017.11.29 2017고단1965
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment 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 the person in charge of the inspection and the tallying of the manager in charge of D) management, who is a closed recycling business in Seopopo City C.

On March 2, 2017, around 11:15, the Defendant: (a) operated the repair work material that was loaded in the cargo loaded in the victim E ( South and 46 years of age) at the open port of the compression of the above company; and (b) operated the f4.5 tons of the repair work material to load the cargo.

A person operating a vehicle has a duty of care to safely work by ascertaining whether he/she is a person within the radius of his/her primary work and accurately operating the vehicle.

Nevertheless, as the Defendant neglected this and failed to load and unload concrete mixtures, which was loaded in loading of cargo vehicles due to a change in the breadth of the truck, the Defendant left approximately two meters back from the later to regulate the buck width, and then left from the latter. However, the Defendant erroneously fabricated the terms into “the former”, even though it was necessary to manipulate the latter into “the latter”.

In the future, the vehicle covered the victim who had been able to perform the loading and unloading work before, and the victim's body was flick support stand between the victim's body and the cargo loaded.

Defendant 1 caused the death of the victim due to the above negligence by blood dynasium damage, etc. immediately after the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate;

1. Application of the Acts and subordinate statutes to photographs by cutting down related photographs and field CCTVs;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act, which led to the occurrence of a serious consequence that the victim’s death was caused by the instant accident.

However, there seems to be a cause for an accident, the degree of violation of the defendant's duty of care, the victim's bereaved family members are compensated and agreed to compensate for the damage, the defendant has no record of criminal punishment other than the punishment of a fine on one occasion around 2001, and the age of the defendant is.

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