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(영문) 창원지방법원 진주지원 2018.04.20 2017고정431
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 30, 2016, the Defendant was a building owner at the construction site of new buildings in Jinju-si, Jin-si, Seoul, and was performing concrete building construction works for pumps and ready-mixed vehicles to construct a foundation foundation building in around 1:40 on September 30, 2016.

In such cases, the Defendant has a duty of care to set up a sign informing that the construction is being performed at the entrance of a runway connected to the construction site or the surrounding area of the construction site, or to instruct the wheels to circumvent to another way, thereby preventing any danger that may be incurred to the pedestrians due to the construction.

Nevertheless, the Defendant neglected to do so and carried out concrete another construction, and had the victim D(57 s) who was at the time of marine and ready-mixed vehicles damaged by pumps and ready-mixed vehicles adjacent to the site of this construction, with a wide range of 2 meters from the structural frame of the Defendant’s building and 1 meter in depth and 20 centimeters from the pool.

As a result, the Defendant suffered injury to the victim by occupational negligence during the three-day period of medical treatment. In addition, the Defendant suffered injury to the salt and tension of the species before the Gyeongbu that requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A copy of medical records and a medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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