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(영문) 광주지방법원목포지원 2020.11.12 2020고단541
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

around 10:35 on February 19, 2020, the Defendant operated “C” places of work located in “C”, and operated a knife vehicle in front of the warehouse, and transported the knife loaded in the front of the warehouse to the warehouse 9 times in the workplace.

However, at the time, the victim D (ma, 45 years old) and E (ma, 47 years old) had been in possession of goods from the victim's car troke for the electrical operation in front of the warehouse 9, and there was a situation where the front of the Defendant's vehicle loaded a string on the front of the vehicle. In this case, there was a duty of care to take care of preventing accidents by properly using the steering gear and steering gear.

Nevertheless, the Defendant neglected this and received victims from the negligence on the part of the Defendant’s driver’s vehicle on the part of the Defendant’s driver’s vehicle in a direct operation of the vehicle, without thoroughly examining the previous bank, and suffered injury, such as “former Mosle fever,” which requires approximately six weeks of medical treatment to the victim D, and suffered injury to the victim E, which requires approximately ten weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report, a photograph at the scene of an accident, a report on internal investigation (whether it falls under road), a report on internal investigation (whether it falls under construction machinery for which it has been placed), each diagnosis certificate (D, E), a report on internal investigation (in response to whether it falls under a serious injury), and a report on investigation (in

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. In light of the fact that the degree of violation of the duty of care of the defendant in the sentencing of Article 62(1) of the Criminal Act is not less severe, and the degree of injury of the victims did not reach an agreement with the victims, the crime has been committed so far.

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