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(영문) 대구지방법원 상주지원 2018.06.19 2018고단17
업무상과실치상등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On June 14, 2017, the Defendant was engaged in the work of operating C excavation search machines while working as a body of a new house in B at the time of residence on June 14, 2017.

In the event of operating a digging range, there is a high risk that the surrounding parts are injured in the digging range, so a person engaged in operating the digging range has a duty of care to safely navigate it and prevent the occurrence of danger in advance.

Nevertheless, while the Defendant neglected to do so, the Defendant placed the border horse on the ground in the state of the victim D (42 tax) by scambling the border horse on the ground, but caused damage to the victim's scambling caused by negligence by placing the knacker's knick on the upper part of the boundary line while cutting the knacker's knick on the part of the front part of the boundary line, which requires approximately six weeks of treatment.

2. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery operator's license from the competent authority;

Nevertheless, from June 14, 2017, to 15:30 on the same day, the Defendant operated the C Excavation, which is a construction machine, without obtaining a construction machine operator license, at the place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A medical certificate;

1. Each investigation report (Nos. 2, 8 through 10 in the list of evidence);

1. Application of Acts and subordinate statutes to photographs of injuries, flag photographs, and flag photographs;

1. Relevant Article 268 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 41 subparagraph 2 of the Construction Machinery Management Act and the main sentence of Article 26 (1) of the Construction Machinery Management Act (the operation of unregistered construction machinery, the choice of imprisonment with prison labor

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing criteria shall be;

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