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(영문) 수원지방법원 여주지원 2013.06.03 2013고정162
업무상실화
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C” located in Ischeon-si B and carries out vehicle repair business.

On November 3, 2012, at around 15:05, the Defendant, at the above C, carried out the partial electrical contact work, with earth attached under the loading box of the E 11.5 ton of a stable truck owned by D, 11.5 ton of the E, and the truck.

In the case of electricity-related work, the high temperature is coming up to the opposite side of the melting part. Therefore, the person who performs the above melting work confirmed the object inside the loading box opposite to the melting part in order to prevent fire due to the melting work and removed inflammable substances in advance, and did not confirm the fact that there was a duty of care to safely melting work without confirming the fact that there was a duty of care to safely do the melting work, and then, the fact that the soil receiving the above cargo was heated into the part adjacent to the electric use, and the fact that the shot of the said cargo was moved to the entire loaded box of the said cargo vehicle.

Ultimately, the Defendant, by such negligence, destroyed a total of approximately KRW 42,526,480 in the market price of the cremation site where the said cargo was loaded onto the said cargo vehicle and the said cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Fire scene photographs and case scene photographs;

1. A statement of internal trading, and a statement on the movement of TPPS;

1. Records of fire-proof results, fire-proof photographs and photographs;

1. Application of the written estimate for motor vehicle repair;

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), and 166 of the Criminal Act concerning the option of criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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