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(영문) 창원지방법원 통영지원 2019.10.17 2019고단839
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the operation of the company in C as a partner company B.

On February 17, 2017, around 14:26, the Defendant operated the 4th wall of the Co manufacturing factory located in D at C at C when a grace period, to load and transport goods.

In the case of loading goods on the fore vehicles, the fore operator had a duty of care to move the signal number according to the direction of the signal number by posting the signal number, or to move the signal number if there is no signal number.

Nevertheless, the Defendant did not find the victim E (year 49) who was in the front of the above forking vehicle due to the fact that goods are loaded in the vehicle in violation of the duty of care as above, and did not find out the victim E (year 49) and shocked the part of the above forking victim's right bucks.

As a result, the Defendant inflicted injury on the victim by negligence on the part of the above business, such as an incomplete cutting of the executives who set up the right to the right requiring medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. The insurance benefits confirmation agent;

1. Each written diagnosis;

1. B accident investigation report;

1. Application of Acts and subordinate statutes to teaching materials for work safety;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the crime resulting in death or injury by negligence [Type 2] and the absence of occupational or gross negligence (special person resulting in death or injury by negligence or gross negligence] [the scope of the recommended area and the range of the recommended punishment], and April to October of the credit cooperative.

3. Determination of sentence: The fact that a victim suffers serious injury due to occupational negligence of the defendant, and the fact that no agreement has been reached with the victim, etc. is unfavorable circumstances or details of the duty of care in the course of business and violation thereof;

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