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(영문) 서울남부지방법원 2015.05.06 2015고정670
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the work of loading and unloading goods by driving C vehicles.

On December 11, 2014, the Defendant, at around 17:00, operated the said car on the front of the D Building in Guro-gu Seoul Metropolitan Government, and had the victim E (53 years of age) load and unload the goods loaded on the truck.

At the time, the Defendant had been engaged in work on the alleyway along which people walk, and the Defendant had been placed in the vicinity, and thus, the Defendant had a duty of care to prevent accidents in advance due to the movement or movement of the vehicle to be driven by others after checking the surroundings of the Defendant, and thus, there was a duty of care to prevent accidents from being shared by others.

Nevertheless, the defendant neglected to do so and did not check the surroundings, and due to the negligence of driving the above vehicle, the upper part of the part of the driver's right light was divided into the part of the driver's right light.

Ultimately, the Defendant suffered injury to the victim, such as knenee knee knee knee knee, tension, etc., by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the head of complaint and diagnosis report;

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

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;

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