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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 person who operates the vehicle B.
On July 2, 2018, around 12:00, the Defendant used D Freight Loading at the window C at Changwon-si, and used D Freight Loading at D’s request, to load and unload a chain pipe that the victim E(39 years of age) has transported freight lanes.
However, in the course of loading and unloading the hack pipe binding, the hack pipe binding is with a wheels for a long time, and the hack pipe binding is loaded on a cargo, and thus, the hack pipe binding is at a risk of shocking the hacker in the cargo vehicle if the shocks occur or the interval between the hack pipe bindings, and thus there was a duty of care to prevent other workers from approaching the surrounding areas of the loading and unloading work in advance by preventing the other workers from approaching the hacking the hack pipe.
Nevertheless, the Defendant neglected to perform loading and unloading operations without taking appropriate measures, such as discovering the victim who is in compliance with the Defendant’s work, and allowing the victim to leave the work site. The Defendant continued loading and unloading operations without taking proper measures, and on the other hand, putting up the line of hack pipe to a different hack pipe to cover the victim by spreading down the hack pipe.
As a result, the Defendant suffered from the victim’s abstinence of treatment days due to the foregoing occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A medical certificate;
1. Application of the laws and regulations on the image of cargo vehicles, forkin photographs, internal history reports (Attachment of field photographs), black stuffs images, and to photographs and black stuffs images;
1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.