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(영문) 서울중앙지방법원 2014.01.24 2013고단4574
업무상과실치상
Text

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

Reasons

Punishment of the crime

At around 14:10 on June 14, 2013, the Defendant parked a D1 ton freight vehicle in front of Seongbuk-gu Seoul Metropolitan Government, in order to work at a nearby construction site. At this point, the road is prohibited from parking or stopping, and it is a place with a slope of about 15 degrees, and thus, it shall not park a vehicle because it is a place with a slope of about 15 degrees. Where it is inevitable to park a vehicle, the Defendant has a duty of care to safely park a vehicle so that the vehicle does not cover the bottom of the vehicle, such as a crumrac, and is equipped with a brake, so that the vehicle can not cut down with the wheels, even if the brake system is cut down, the Defendant has a duty of care to safely park the vehicle so that it does not do so.

Nevertheless, the Defendant neglected this and parked the above cargo vehicle in a zone where parking or stopping is prohibited, and did not properly use the brakes, such as dives, while being parked with the wheels of the cargo vehicle, and caused injury to the victim E, such as damage to the frame return, dives, and dives, which require approximately 50 meters of the cargo vehicle in the direction below the gradient of the cargo vehicle, by neglecting the dives of the above cargo vehicle, and neglecting the dives of the cargo vehicle to cover the victim E with approximately 50 meters of the cargo vehicle in the direction below the gradient.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Investigation report by the public prosecutor (report on the currency between the police officer in charge and the case), investigation report by the public prosecutor (report on hearing statements by the guardian of the victim);

1. A report on the occurrence of a traffic accident, on-site map, and photographs of the damaged field;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The reason for sentencing under Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act regarding criminal facts lies in the history of punishment for the same kind of crime, the defendant suffered a very serious injury that has not yet been completely cured by the victim due to the crime of this case, and the victim's family members also have great physical and mental pain.

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