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(영문) 대전지방법원 홍성지원 2017.07.26 2016고단518
업무상과실치상
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is one of the parties who are D Co., Ltd. in Boh City C.

피고인은 2014. 10. 26. 경 피해자 E가 위 정미소에서 트랙터와 연결된 트레일러에 개 당 800kg 상당의 벼 포대 3개를 싣고 방아를 찧기 위해 정미소 좌측 출입구 앞 농로에 정차하는 것을 보고, 2.5 톤 지게차를 이용하여 위 벼 포대를 옮기려고 하였다.

As above, when it is intended to load and unload a rice sweak using a sweak in the oil reservoir, a person who is qualified as a construction machinery pilot should operate the above 2.5 tons of the above 2.5 tons of the sweak, and at the right edge of the oil reservoir connected to the farm road, the connected strings can be cut off on the entrance or floor of the sweak, so there is a duty of care to take measures to prevent fall.

Nevertheless, the Defendant driven a vehicle without taking preventive measures against the fall of a rice sprink without a construction machine pilot’s qualification and moved a rice sprink while driving it. The front wheels of the Defendant’s vehicle, who was driven by the Defendant, set off the string of the rice sprink which was faced with the above concrete sprink, and thereby, caused the 800km of the rice sprink to be cut off from the floor at a height of one meter.

The Defendant, by such occupational negligence, caused the victim to suffer from pressure pressure 6 times in 498 and damage to scambling and scambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to criminal investigation reports (Evidence No. 11 of the Evidence List), such as a petition for accusation, a medical certificate of injury, and a certificate of release from

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

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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