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(영문) 부산지방법원 2013.07.08 2013고정2303
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A(33 years of age, South) is an individual entrepreneur, and a person who is a driver of B(4.5 tons) is an individual driver.

On September 10, 2012, at around 10:0, the Defendant driven a lele for vessel bed works (ship bed works) at the D shipbuilding yard's repair work site located in Young-gu Busan Metropolitan City, and carried out lele two persons, including victims E (age 62, female) who are the mother of the complainant.

The Defendant: (a) while driving class, the Defendant was posted on the plate for work in which the class 4 would be engaged in the work of lifting the victim on the plate; and (b) the Defendant had the victim wear a safety bell in preparation for the fall of the victim; (c) had the victim wear the safety bell in preparation for the fall on the plate; and (d) had the victim fasten the safety bell in work for the purpose of operating the class at work without wearing it; and (e) had the victim wear the safety bell and work at work to move the class to the crus on the port side of the vessel by negligence while neglecting the duty of occupational safety care to move the crus from the vessel’s stem to the crus; (e) in the process of treating the crus at a vessel where the class cruke was working, 4 meters high and high and 2.5 meters high and high and 2.5 meters high and damaged the victim’s crushes at the bottom or the bones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to F and E;

1. Medical certificate and certificate of medical treatment;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

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

1. Taking into account the fact that the recovery of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act is fully achieved.

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