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(영문) 대구지방법원 상주지원 2019.01.15 2018고단255
업무상과실치사
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Defendant shall be punished by imprisonment without prison labor for six 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 is engaged in driving an agricultural Track.

On March 14:35, 2018, the Defendant was in the front of the residence of the victim C (Woo, 80 years of age) in the Si-si B (Woo) around 14:35, and the Defendant was in the middle of the above dwelling gate by using the Tracter upon the request of the victim and driving the dry field of the victim and driving the Tracter again.

At the same time, there was a duty of care to safely proceed after checking whether there was a person who is engaged in driving of the Tracter as well as the right and the right of the Tracter as the victim attached a flag line for the smooth passage of the Tracter.

Nevertheless, the Defendant neglected to do so and proceeded with it, and was placed in the front part of the Tracter, and was placed on the right, chest and left side of the victim.

The Defendant caused the victim’s death by occupational negligence by causing damage to the severe injury at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A copy of a report on the occurrence of a disaster, a body autopsy, a body list at a scene of a disaster, a autopsy report, or a medical record;

1. Balpical photo of the deceased and the C body photo of the deceased;

1. Application of Acts and subordinate statutes to each investigation report (No. 10, 11) (Evidence List No. 10);

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Reduction elements of types 3 [Special Sentencing Persons] and reduction factors of punishment according to the sentencing criteria: Not less than 4 months but not more than 10 months without prison labor for not less than 4 months;

2. The fault of the defendant who rendered a sentence of sentence caused the death of the victim. The elderly victim is the victim.

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