logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.07.22 2016고단1330
업무상과실치상
Text

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

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant: (a) received a request from the injured party, who had been engaged in the operation of 25 tons of scrap metal truck with the driver C (45 Dose) in Yangsan City, in the open space of “D” in the operation of the Victim C (45 Dose); (b) the Defendant, who had been engaged in the operation of cutting 25 tons of scrap metal onto the car-type truck with the driver’s string of 4 tons, driving four drums in the car and applied for the replacement to the car.

Since it is difficult to secure a view within the radius of work due to the high location of the driver's seat, in such cases, the driver of the driver's vehicle has a duty of care to designate the safety personnel prior to commencement of work, and to manipulate and work the driver's vehicle in accordance with the direction of the safety personnel while properly living in the front, rear, and left.

Nevertheless, the Defendant did not discover the victim who had been in front of the vehicle due to neglect of this, and operated the vehicle in front of it, and operated it with a string of it as it was while driving the string, and got the victim with a string track, and breaking the victim over the floor, and putting the victim over the bridge of the victim as it is.

In the above occupational negligence of the defendant, the victim suffered injuries, such as the cutting of the upper left side of the flag (in the course of rehabilitation after being in contact with each other), the right knee-flag cutting (flaging the alley of the flag, damage of the upper right, damage of the flag and the flag of the flag, damage to the right snick and the blood

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Although the sentencing guidelines for the sentencing guidelines are not directly applied to the case that was prosecuted on May 24, 2016, the sentencing guidelines for the crime of death and injury on the part of the case that was prosecuted after July 1, 2016, the sentencing guidelines should be applied on the grounds of reference in sentencing.

Determination of types: Negligence.

arrow