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(영문) 전주지방법원 군산지원 2015.10.02 2015고단443
과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 09:00 on November 17, 2013, the Defendant requested the Victim F (44 years of age) who had experience in maintaining ready-mixeds in E heading-si D located in Hasan-si to inspect the above ready-mixeds as the driver of C concrete mixed truck (one name ready-mixed; hereinafter the same shall apply).

Accordingly, the victim was examined and inspected the above ready-mixed tamper in a height of 2 meters from the ground (the color part of the entrance tring the concrete located at the upper end of the ready-mixed).

In such a case, the defendant has a duty of care to have the victim wear safety equipment, such as safety appearance, and to guide the victim so that the victim does not fall off from the side of the victim so that the victim does not fall off or does not fall off.

Nevertheless, the Defendant did not require the victim to wear safety equipment, such as safety caps, and caused the victim's horse to take a view of inspecting the hoferer, leading the victim to a vehicle trial, leading the victim to a change in the vehicle trial, without any prior notice to the victim, while moving the victim to the driver's seat without driving the vehicle.

The Defendant, due to the vibration of ready-mixed vehicles that occurred from the foregoing starting, caused the victim to fall off to the ground below 2 meters on the board of ready-mixed vehicles.

As a result, the Defendant suffered from the victim’s injury, such as plehion-gu and vertebrate damage, etc. by the above negligence.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of witness F in the second protocol of the trial;

1. Statement made by witnesses G in the third protocol of trial;

1. Witness of H;

1. Opinions, the application of each statute of diagnosis;

1. Article 266 of the Criminal Act applicable to the crime and the choice of punishment.

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