logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.11.22 2013고단2677
업무상과실치상
Text

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

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

As a technical career director who belongs to the Defendant, the Defendant is a person in charge of civil engineering work at the construction site of Kimhae-si, Kimhae-si.

On April 20, 2013, at the same construction site around 11:30, the Defendant instructed the victim E (the aged 48) to perform the steel loading work through the Working Group D, and thus, the Defendant had a duty of care to prevent the occurrence of an accident due to the decline in the steel, by ordering the Defendant to safely load the steel on a truck with a camerar or forking vehicle.

Nevertheless, the defendant neglected this and failed to organize the surrounding areas of the construction site, thus making it difficult for the defendant to enter the caters or forkicks to enter the construction site, and ordered to use the caters at the construction site only at the construction site.

The Defendant’s negligence caused the loss of the victim’s bridge, which was placed in the scambling machine, to receive the scambling in order to receive the scambling in the scambling truck with a 8m length and the scambling load with a weight of 2 tons.

As a result, the Defendant suffered injury, such as laverization of lavers to the right-side executives requiring treatment for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs, and a written diagnosis of injury);

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

2. In view of the fact that the victim was injured by the occupational negligence of the defendant for the reason of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the sentencing as set forth below), it is necessary to strictly punish the defendant.

However, it is the fact that the defendant has divided his mistake in depth, paid a certain amount of money to the victim under the name of medical expenses, etc., and paid the same crime.

arrow