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(영문) 창원지방법원 마산지원 2017.05.24 2017고단252
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 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 confirms goods loaded by a cargo vehicle in the logistics center and loads goods in a cargo vehicle and disposes of them in a warehouse using a dedicated vehicle.

On January 26, 2017, the Defendant operated the Masan shop C in Changwon-si B, Changwon-si, with a view to getting the fruit to get off the vehicle from the cargo vehicle he driven by the victim E (63 tax) within the loading yard of the CMasan shop located in Changwon-si B.

Since there are other workers or cargo drivers at the loading place of goods, there was a duty of care to prevent accidents by operating the electric vehicle while keeping the person engaged in the business of unloading the goods in the same way.

Nevertheless, the Defendant, while operating the electric dynamic vehicle, was negligent in the operation of the electric dynamic vehicle without examining the rear side, and was faced with the part of the back part of the Defendant’s operation. Ultimately, the Defendant suffered injury, such as the mouths at the bottom of the breath in need of approximately 12 weeks of treatment, by negligence on duty, to the victim, by causing approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Article 268 of the Criminal Act and the choice of imprisonment without prison labor concerning the facts constituting an offense;

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

1. Sentencing sentencing guidelines for sentencing under Article 62-2(1) of the Criminal Act of the community service order: The sentence of aggravated injury (in the event of serious injury): August to two years of imprisonment without prison labor: 8 months of imprisonment without prison labor; 2 years of suspended execution; but not yet agreed with the victim; however, the insurance processing is underway; the defendant's mistake is recognized; the defendant's negligence is recognized; the defendant has no record of punishment except for a fine once; and the defendant's age, family relationship, and circumstances after the crime are considered conditions for sentencing as shown in the argument of this case.

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