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(영문) 창원지방법원 2013.11.01 2013고단1356
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 person who works as the director in the (State) E factory located in Kimhae-si, operates a troupe, and supervises all on-site affairs.

On February 5, 2013, the Defendant transported 1.9m, height 1.0m, width 1.53m, 1.0m, weight 240kg, while driving the electric car and loading F freight.

At the time, the cargo vehicle was parked in a warning place, and the lending and borrowing of the cargo was likely to fall from the loading of the cargo due to the shock that occurred in the work process because there was no brake device. In such a case, there was a duty of care to prevent safety accidents from entering the workplace of the vehicle, by taking necessary measures to prevent borrowing and lending from falling off until the work is completed, by installing fixed devices or other safety devices and by taking necessary measures to prevent persons from falling into the workplace of the vehicle.

Nevertheless, the Defendant neglected to transport the lending and lending while leaving the site without any measure, and caused the injury of the victim C(51) who was the driver of the freight truck, who was the driver of the freight truck who was the cargo driver who had loaded the cargo at the right side of the cargo loaded at the time, due to the head of the victim C(51) who was the driver of the freight truck who was the cargo driver who had loaded the cargo, thereby falling off the lending and borrowing. In addition, the Defendant suffered the injury of the victim, such as the external shock of the flu

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness G;

1. The prosecutor's office and the police's statement concerning C;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to each investigation report (in cases of attaching a field photograph, and cargo standard investigation away from vehicles);

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

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Order of community service;

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