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(영문) 창원지방법원 2020.05.29 2019고단4143
업무상과실치상
Text

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

except that the execution of the above punishment shall be suspended for 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 loading and unloading work by driving a vehicle of an amount equivalent to 4.5 tons in the Co., Ltd. in Changwon-si, Changwon-si, and D is a person who is engaged in loading and unloading work conducted in the above company.

When loading and unloading with a vehicle, the Defendant has a duty of care to check safety in accordance with signal signals, to check and drive without any person in the working group for preventing accidents, and D has a duty of care to prevent accidents by ensuring that people outside the working group do not enter the site as signal numbers.

Nevertheless, at around 08:25 on July 4, 2019, the Defendant and D used to hold in the Dispute Resolution Co., Ltd., and used to set off solar pipeline in an amount equivalent to one ton of 25 tons, which was loaded in a 25 tons car truck operated by the victim E (the age of 44). D did not take appropriate measures to witness the victim within the Working Group, but did not take any measures to get out of the Working Group, and even if the Defendant did not receive instructions from D, and did not confirm whether there was a person within the Working Group, the Defendant did not take any measures to cover the victim, who was under the "PP", for the summer work, in order to set up the instant pipes, and did not go to the opposite to the pipe.

Ultimately, the Defendant, in collaboration with D, caused the victim to suffer injury, such as the soften-day malone malone malone mar, which requires a medical treatment for about 16 weeks by negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

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

1. Article 268 of the Criminal Act; Articles 268 and 30 of the Criminal Act; Selection of imprisonment without prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, this case including the following circumstances and the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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