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(영문) 전주지방법원 2015.06.25 2015고단110
업무상과실치상등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

The defendant is a person who is employed in the free manufacturing chain E in Kim Jong-si.

1. At around 21:00 on June 15, 2014, the Defendant: (a) driven a Felon vehicle owned by E (State) in the foregoing factory marina; (b) the victim G (the age of 44) was carrying freight lanes; and (c) caused the victim G (the age of 44) to drive a truck in a glass cell.

In this case, the defendant, who is a construction machinery driver, was engaged in the duty of care to check whether he is a person within the work radius, and to prohibit people from approaching the work site, and to safely drive the construction machinery with the duty of care to maintain the balance of goods loaded on the fore vehicles.

Nevertheless, the Defendant, while driving a vehicle without obtaining a license for the foregy adjustment without being negligent, did not take any particular measures with knowledge that the victim was in the front half of the vehicle, and, without finding out that the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the vehicle

Ultimately, the Defendant suffered injury, such as the right sleep slverging slverging, which requires about 10 weeks of treatment to the victim through occupational negligence above.

2. A person who intends to operate construction machinery violating the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu;

Nevertheless, the Defendant operated the said vehicle without obtaining a construction machinery operator’s license at the same time and place as above.

Summary of Evidence

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. The police suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act applicable to the crime (the occupation and injury caused by occupational negligence, the choice of imprisonment without prison labor) and the Gu.

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