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(영문) 광주지방법원 2019.06.27 2019고단958
업무상과실치상
Text

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

However, 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 borrower of the accusation vehicle B, who is engaged in driving and operating the accusation vehicle in the name of “C”.

On November 11, 2018, at around 10:40, the defendant provided the replacement work outside the assembly type building of the company in Gwangju Mine-gu, Gwangju Metropolitan City, with the above accusation work vehicle, and operated the defendant using the wireless mother container so that workers, including victim F, can board the complaint work vehicle and can replace the water from approximately 9 meters high.

Since a telegraph and high-tension cable are installed around the work site, there was a duty of care to prevent accidents caused by the reduction of power from occurring in advance by adjusting the boarding of a person engaged in the operation of the train on board the train so that he can maintain a sufficient distance from the high-tension cable, or by mediating after taking protective measures on the high-tension cable through the request of the related agency, etc.

Nevertheless, by negligence, the Defendant neglected this and adjusted the boarding in the vicinity of a high voltage cable, and caused the victim who was on board a ship to be cut off by contact with a high voltage cable. Thus, the Defendant sustained the images of 20% of the physical surface, such as fingers and shots that require treatment of more than 12 weeks, and the victim suffered from the images of 3 degrees and 4 degrees.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement;

1. On-site identification reports, on-site photographs, and photographs of the complaint and work vehicles related to the case;

1. Application of the Acts and subordinate statutes of diagnosis certificates, motor vehicle registration certificates, and notification of results of safety inspection;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of a type) shall be the negligent and causing death or injury.

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