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(영문) 창원지방법원 마산지원 2017.02.14 2016고단1299
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in operating a heavy equipment company under the trade name of "C" and is engaged in operating a cuter.

On April 14, 2016, at around 11:00, the Defendant used a 'E' side of "E located in Changwon Mapo-si Mapo-si D' at the construction site of a new house, which was carried on a truck by the victim F (68 years old).

The cement block above is one ton, the width of 0.6m, vertical length of 1.2m, and height of 1m is likely to lead to a big accident if cement block is reduced to the bottom during the above cement cutting season. In such a case, a person engaged in the operation of the cement cutting machine has a duty of care to look at the direction of movement of the boom boomer, and to check that there is no passage of people, and in performing the work, there was a duty of care to look at the direction of movement of the boomer.

Nevertheless, the Defendant issued a warning to those who were on the spot while neglecting this, or did not confirm that there is no one within the radius of the work, and operated without booming boom booms during the work, and caused cement block to shocked cement block which was loaded on the above booms according to the above booms and caused the said cement block to fall off on the bridge of the victim who was on the side of the truck.

Ultimately, the Defendant caused an injury to the victim by his occupational negligence to cut the left-hand bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, and other sentencing, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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