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(영문) 대구지방법원 포항지원 2018.12.06 2018고단1307
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant injured the Defendant’s occupational injury was an employee of the public prosecution C in Yongcheon-si, Youngcheon-si, in charge of processing the original trees and providing them to customers.

From February 15:00 to 16:00 on February 23, 2017, the Defendant was engaged in the work of transporting two raw trees, the length of which is 6 meters and diameter of 0.5 meters, into a warehouse using a vehicle, at the request of the victim D (56 aged) who is a customer, in the above C wooden laboratory, from around 15:00 to around 16:00, the Defendant was engaged in the work of transporting them to a warehouse. However, at the same time, there was a risk of falling down to the lower level of the raw trees loaded in the surrounding area when they come to the place where a large number of raw trees are loaded or when they face with other goods. In such a case, the Defendant had a duty of care to prevent accidents caused by the falling water in advance.

Nevertheless, the Defendant neglected to do so and did not look at the surrounding areas properly, and operated by the negligence of operating the string vehicle in which the string of the string is loaded on the side of the string vehicle, and the 5m in which the string is loaded on the string side of the string vehicle, and the strings and the strings of the strings in which the strings and the strings of the strings are facing the strings of the string side of the string, and caused the strings of the strings of the string.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the alley of the left-hand relative executives in need of medical treatment for about 48 days.

2. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of the Si/Gun/Gu, but the Defendant, at the above date and time, operated E-car without obtaining a construction machinery operator's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to medical certificates or construction machinery registration certificates;

1. The fact that the crime was caused by occupational negligence in the relevant legal provision: Article 268 of the Criminal Act.

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