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(영문) 부산지방법원 2018.10.31 2018고단4023
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 8, 2017 to April 7, 2018, the Defendant is a person who, as a field technician of B corporation, has overall management and supervision over the construction site of the instant news block, has been in charge of construction of the block adjacent to the valley market located in 105 in Busan Geum-gu.

In the course of the above sidewalk construction process, when the home breaking work is conducted between the sidewalk and the asphalt road, the driver of the vehicle, pedestrian, etc. had a duty of care to prevent accidents by installing a lab, PE tape, etc. around the construction site or by posting safety personnel, so that the vehicle driver, pedestrian, etc. do not fall into the home.

Nevertheless, the Defendant, by negligence, did not perform the above obligations before breaking the home and setting a cement, caused injury to the Defendant, such as a complicated pulvering of 10 weeks complicated pulver which requires treatment of the victim C (25 years of age) while driving the DNA at the above location around 00:28 March 18, 2018, by leaving the home (20cm: width: 20cm, depth: 5cm) constructed by the Defendant out of the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to on-site photographs (at the time of accident) and diagnostic certificates;

1. Article 268 of the Criminal Act and the choice of imprisonment without prison labor concerning the facts constituting an offense;

1. It is an unfavorable circumstance to the defendant that the sentencing of Article 62(1) of the Criminal Act is not restored due to the reason.

However, it is decided as above in light of all the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., taking into account the fact that the accident occurred while the victim is overtaking while driving a letobane without using a lebar, and considering the fact that part of the defendant's deposit was made by the defendant.

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