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(영문) 수원지방법원 평택지원 2016.04.28 2016고정98
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the Scar equipment vehicle (motor vehicle).

On August 29, 2015, the Defendant: (a) completed the operation of the outside board of the Maart extension site located in Ansan-si C on August 17:35, 2015; (b) finished the operation of the Maart extension site at the direction of the victim E ( South, the age of 48) who is responsible for the extension project, operated the said Mac equipment vehicle; and (c) dismantled the installation of the Mac entrance above the Macp.

In such cases, the Defendant has a duty of care to prevent the occurrence of an on-board accident in advance by shutting the platform, fright, and after a railer, as a person engaged in operating the Scar equipment.

Nevertheless, the Defendant neglected to do so and adjusted 150 cm in body, which did not close the work platform and friendly rail, to load workers in the air, and the victim working in the above work platform fells from the vadi floor, thereby causing the victim to suffer treatment in the middle frame of the treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of statutes on field photographs at the time of accident;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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