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(영문) 광주지방법원 2020.10.14 2020고단2747
업무상과실치상
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a car driver who is a car cars, and the victim B (the age of 66) is a cargo driver.

On April 18, 2020, at around 16:15, the Defendant had a duty of care to prevent the occurrence of an accident, such as: (a) the Defendant, at the construction site of a multi-story residential building located in Gwangju Northern-gu, using D7.5 tons metric vehicles, carrying 4.5 tons of cargo vehicles operated by the victim; (b) the Defendant had a duty of care to prevent the occurrence of an accident, such as electric, rear, and left and right, and the Defendant, while driving the cream safely to prevent the occurrence of an accident, such as: (c) the Defendant, at the construction site of a multi-story residential building located in Gwangju Northern-gu, by using D7.5 tons metric vehicles; and

Nevertheless, the Defendant neglected to carry about 2 ton weight of 10 tons of construction materials, which were loaded onto caters due to negligence in the course of business that misleads the operation of caters, and caused the victim to be injured by the cateral of approximately 108 cm, when loaded onto caters at a height of about 108 cc cargo vehicles, falling into the ground floor at which the caters were loaded, and sustained the victim to suffer injury, such as the cateral of 3, which requires treatment in about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of a medical certificate, on-site photograph, investigation report (on-site and cargo vehicle confirmation, etc.), and the Acts and subordinate statutes related to the case;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A favorable circumstance in which the defendant neglected his/her duty of care in performing his/her duties and caused a serious injury to the victim: The defendant recognized his/her mistake and repented, and the defendant paid 3 million won separately to the victim in addition to the insurance money, and the victim does not want the punishment against the defendant.

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