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(영문) 대전지방법원 2013.11.26 2013고단3184
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the leasing business of heavy equipment.

At around 14:40 on January 19, 2010, the Defendant, at the construction site for the extension of a D factory located in the official city, was engaged in the excavation work and the installation work of the sn beam and the sn beamline so that the sn beamline is not used in front.

In such cases, a person driving a heavy equipment, has a duty of care to prevent the occurrence of an accident in advance by ascertaining whether the boom attached to the link is properly fixed to the link, and whether another person exists within the boom of the boom.

Nevertheless, the Defendant did not properly verify the incomplete connection of foreign materials such as earth and small stones, etc. on the link part above, and did so within the scope of the revolving of the said sckes as it was carried out as it was while carrying out the work despite the victim F (year 61) who was the head of the field management team within the scope of the revolving of the said sckes, and caused the said sckes to walk back on the left side of the victim F (age 54) while driving the so-called scke on the left side of the said sckes.

Therefore, the Defendant suffered injury to the victim due to such occupational negligence, such as 12 weeks of full-time completion required to give medical treatment to the left-hand 12 weeks of full-time executives, pelle to the left-hand pelle executives, pelle to the left-hand pelle, cutting of full-time completion

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A medical certificate, a medical certificate of residual disability, and a medical opinion;

1. Application of the Acts and subordinate statutes on photographs of bodily injury, shots;

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

1. The defendant's responsibility is heavy in light of the fact that the victim suffered permanent damage on the left part of the left part, focusing on the victim's injury caused by the accident in this case, for the reason of sentencing under Article 62 (1) of the Criminal Act (see, e.g., the reason for sentencing).

except that this shall not apply.

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