logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원공주지원 2020.12.08 2020고단467
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor 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

The defendant is a person who operates Crest Prize B, operates Drano 5 tons of collected vehicles, and performs the duty of collecting waste, etc.

On July 24, 2019, the Defendant agreed with the victim to collect and purchase brine wastes stockpiled in front of the house of the victim F (n, 75 years of age) in Sinju, and collected brine wastes using the said brine at the home of the victim at around 10:00, pursuant to the agreement.

In such cases, the workers have a duty of care to control the site to prevent people from entering the place of work, to check whether there is a person before the work, and to remove the equipment accurately and safely.

Nevertheless, the Defendant neglected this and neglected to load brine wastes to the brine in the presence of the victim, and caused the brine to fall down on the left side of the victim by negligence while putting the brine wastes to the brine in the presence of the victim.

As a result, the Defendant suffered injury, such as the mouth of the body body of the fresh, accompanied by a fresh that requires approximately 14 weeks of treatment due to the above occupational negligence, and caused the victim to have the physical disability of the fresh of the upper left-hand fresh.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement statement, disability appraisal report, and medical certificate concerning F of the defendant's legal statement;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommended punishment according to the sentencing guidelines [the scope of punishment [the category 2] the injury by occupational negligence or gross negligence (the special person) caused by occupational negligence or gross negligence] mitigated elements: Where a serious injury has occurred (the area of recommendation and the scope of recommended punishment] basic area, April to October of credit cooperative;

3. Sentence;

arrow