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(영문) 인천지방법원 2020.06.10 2020고단155
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six 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

On October 1, 2019, the Defendant used D'C' factories located in Seo-gu Incheon, Seo-gu, Incheon around 09:10, and performed five regular operation of H beam (60cm x 20cm x 7cm x 80cm) in the cargo column of E freight.

In this case, when loading work on heavy objects is carried out by using a vehicle vehicle (Loading and unloading transport machinery), joint workmen shall not be allowed to enter cargo being unloaded or transported or at the place where the joint work executor is likely to be dangerous because of contact with the loading, unloading, transportation, machinery, etc. of the vehicle, and the load of heavy objects shall not be loaded either, but the load of heavy objects shall not be loaded on one side, and there is a duty of care to prevent accidents, such as loading of freight, etc. from being done on one side.

Nevertheless, the Defendant neglected to do so and did not check whether the joint workers are in the radius of work, and did not immediately see 5 sn beam lines for the sake of the convenience of work. At the same time, sn beam lines were sn beamed with the weight-centered of the sn beam lines, and 2 Hn beam lines were sn beamed with the cargo sn beam. As seen above, the sn beam, which had been installed with the sn beam prevention unit in the opposite part of the sn beam in the sn beam in the sn beam truck, caused the victim to suffer approximately 12 weeks of the sn beam sn beam snife in

In this way, the defendant caused the injury to the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. On-site photographs and report on the situation;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing vehicle booms and video CDs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 guidelines [the determination of types of punishment] the crime resulting in death or injury by occupational negligence or gross negligence (the person who has been specially punished] - the mitigation element: the victim also has an accident.

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