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(영문) 광주지방법원 순천지원 2014.08.13 2014고단922
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 23, 2014, the Defendant: (a) around 09:10, the Defendant used the c wharf at “C wharf B”, which is located in D while anchored at the wharf, for the loading of the freight parked on the wharf, and had the salt log transferred to D.

At the time of loading cargo, there is a person engaged in the work of carrying salt on the cater, so a person engaged in the work of operating the cater has a duty of care to prevent accidents by checking whether he/she is working in the cateral radius, and operating the cater safely so as not to shock the people on the cater.

Nevertheless, while the Defendant neglected to load salt as it is while carrying it, the Defendant fell into the ground floor by shocking the left side of the victim E (the age of 31) on board a cargo vehicle at the end of the chill, and caused the victim to fall into the ground floor on the cargo vehicle at a height of about 1.5 meters.

As a result, the Defendant caused the victim by occupational negligence above to suffer approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. A fine of three million won for the decision of sentence (including the fact that the accused is against himself, the fact that there is no criminal record exceeding the fine, the fact that there is no agreement with the victim, etc.);

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