logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2015.09.10 2015고단251
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is an employee belonging to a limited company and a person who is engaged in the operation of C Excavation machines.

around 14:00 on December 19, 2014, the Defendant: (a) loaded booms, which are linked to the above sofetet No. D, in order to load one ton of the caterals, onto the Frans driven by the victim E (the age of 76) but the price for the climbing of the climbbage caused a imbalance by the climbing of the climf; (b) in order to correct the balance thereof, the victim connects the climf to the climfet, and the Defendant operated the climbing machine to move the climf.

In the event of these operations, a person engaged in the operation of the scambling machine has a duty of care to prevent accidents in advance by operating the scambling machine after checking whether he/she does not have a physical part, such as the fingers of the working worker, on the log connected to the scambls.

Nevertheless, the Defendant neglected to do so and, even if the fingers were to be connected to the sofet which was connected to the sofet among the right side of the victim, operated the sofet and moved the booms containing one ton of melts, and caused the victim to suffer injury by cutting the 3rd part of the right side.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Investigation report (verification of statements made on the part of a victim);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site re-shotos;

1. Article 268 of the Criminal Act and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that "traffic accidents" means the death or injury of people or damage to things due to "traffic" of a vehicle. The main purpose of the Act is to prescribe special cases concerning criminal punishment for drivers who have caused a traffic accident, and the legislative intent of the Act on Special Cases concerning the Settlement of Traffic Accidents and the protection of victims due to the operation of a vehicle.

arrow