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(영문) 광주지방법원 목포지원 2019.08.13 2019고단265
업무상과실치상
Text

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

except that 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 is engaged in the transportation of a lawsuit purchased by merchants.

At around 09:40 on August 15, 2018, the Defendant, upon the request of the merchant B to transport the cattle to the E slaughterhouse located in Gwangju mine area D, transported the FF truck vehicle lawsuit from the said slaughterhouse.

At the time of loading and unloading of a lawsuit, there was a risk of accidents, such as the failure of the mooring to the people who are in the vicinity of the lawsuit, and thus, there was a duty of care to manage the person engaged in the small and medium transportation business thoroughly so that the lawsuit does not leave the lawsuit by properly examining the status of the lawsuit in preparation for show and division.

Nevertheless, the Defendant neglected this and neglected loading and unloading work in a state where the rear door of the mooring place is opened, and the Defendant was negligent in failing to properly attach a line of scam from the mooring place to the outside through the rear of the mooring place, and the victim H (age 87) around the G in Gwangju Mine-gu faced with the victim's shoulder.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the left-hand pelel officer who requires treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement related H;

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

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

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: Six months of imprisonment without prison labor and suspension of execution;

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