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(영문) 서울동부지방법원 2019.05.13 2018고단3939
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle.

At around 01:00 on September 17, 2018, the Defendant was driving a motor vehicle that he had to move in the Songpa-gu Seoul Metropolitan City B market C, and had it go behind.

At the time of the auction, since the vehicle is mixed and the passage of people is many, there is a duty of care to prevent accidents in advance by checking whether or not there is a person who is engaged in driving service of the former vehicle after the latter is well examined, and driving safely.

Nevertheless, the defendant neglected this and did not discover the victim D (g., age 76) who was in the rear bank due to the negligence that did not properly check the rear bank, and did not find the victim D (g., age 76) and got it over the ground.

Ultimately, the Defendant suffered injury to the victim, such as the bridge of the following ridges, in detail in need of medical treatment for about 14 weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Defendant’s statement on the traffic accident situation, and circumstances of D’s accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to a survey report on actual conditions and CCTV images closures in the situation of accidents;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, 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 [the decision of type] the crime resulting in death by occupational negligence or gross negligence [the scope of the recommended and recommended punishment] There is no person who has been no person who has been injured by occupational negligence or gross negligence [the area of recommendation and recommendation] [the scope of the recommended punishment] basic area, the imprisonment without prison labor for April to October [the general person] - mitigated factors: insurance subscription, serious reflectness, and no history of criminal punishment - Where serious injury that is not a serious injury occurs [the grounds for suspension of execution] - There is no history of criminal punishment - There is no reason for general pride - there is a serious injury which is not a serious serious injury.

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