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(영문) 인천지방법원 2019.02.14 2018고단3386
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six months;

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2018, at around 19:50, the Defendant, who is in the Bupyeong-gu Incheon Bupyeong-gu B, was engaged in the work of string the strings between the columns of the balkes installed in the above balkes in order to prevent the balkings under the influence of alcohol in front of the C-way operated by the Defendant.

Since there are frequent roads for traffic of strings, pedestrians, etc., they had a duty of care to check whether the strings of the strings of the strings of the strings of the strings installed in front of the front delivery pass or not, and to prevent accidents by accompanying the strings of the strings with the strings of the strings.

Nevertheless, the defendant, without examining whether or not it passes on the side of the road, caused the victim D(43 years old) who was driving a road to string the string of the road to the upper end of the road, and caused the string to the upper end of the road.

Ultimately, the Defendant suffered injury, such as minculation of franchising franchising around the franchisium, which requires approximately 12 weeks of treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (to attach a victim's D telephone conversations and diagnosis report);

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment: From one month to five years of imprisonment without prison labor;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type), a crime resulting in death or injury by negligence, a crime of Type 2 (Bodily Injury by Occupational or Gross Negligence): Where a serious injury occurs (specially duplicate): Where the victim has a substantial negligence in the occurrence of an accident or the expansion of damage (the scope of recommending punishment).

3. Determination of sentence: The crimes of this case committed by the defendant for six months in imprisonment without prison labor and one year in a suspended sentence;

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