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(영문) 춘천지방법원 2018.06.27 2018고정130
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery pilot's license from the Mayor/Do Governor, but the Defendant, at around 10:00 on August 25, 2017, operated a construction machinery B digging rangeer without obtaining a construction machinery pilot's license from the field located in two groups of the Gangwon-gu, Yangwon-gun.

2. The Defendant injured in the course of his duty and the injury discovered a fume, which is laid down in soil conditioners while operating a soft machine and conducting restoration work at the time and place of the above paragraph (1). The Defendant was engaged in the work of moving by connecting it to a reduction in the boom boom.

In such cases, the defendant, who is engaged in the operation of a softer, has a duty of care to prevent accidents in advance by operating a softer so as not to cause any accident after confirming a person who works within the anti-speaker boom boomer.

Nevertheless, the Defendant neglected this and boomed the right side of the victim C(62) who was in the boom boom booming booming booming around the booming booming booming by negligence, which led to the Defendant’s neglect of booming.

As a result, the Defendant suffered injury to the victim, such as the closure of 124 days of medical treatment due to the above occupational negligence, such as cutting down the floor of other heavy water-frames.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs on the part of the complainants), investigation reports (Attachment of photographs on the part of the complainants), investigation reports (verification of whether a suspect A has obtained a license for the adjustment of construction machinery of the suspect A), investigation reports (Attachment of a reply letter on the D digging machines) (Attachment of a response letter on the D digging machines), investigation reports (Attachment of photographs on the part of the suspect A);

1. Criminal Act concerning criminal facts, Article 41 subparagraph 2 of the relevant Act, Article 41 and the main sentence of Article 26 (1) of the Construction Machinery Management Act (the point of operating an unlicensed excavation aircraft, the selection of fines), and criminal law.

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