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(영문) 청주지방법원 영동지원 2017.03.02 2016고단73
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the job of excavating devices.

On April 5, 2016, the Defendant: (a) was approaching the victim, who was operating the excavated engine at the construction site in G, located in the F of the Chungcheongnam-do, Chungcheongnam-do on April 16, 2016; (b) was approaching the excavated engine to enter the victim’s H (35 tax) and work procedures; and (c) was lowered from the excavated engine.

In such cases, in order to prevent safety accidents that may occur within the diameter of the excavatingr's work, the defendant has a duty of care to fix the operator so as not to drive the excavatedr completely or not to drive the excavated machine and to load it from the excavated machine.

그런 데도 불구하고 피고인은 이를 게을리 한 채 굴착기의 시동을 켠 상태에서 작동 레버를 고정하지 아니하고 그대로 하차하다가, 상의가 위 굴착기의 작동 레버에 걸려 굴착기가 회전하게 함으로써 위 굴착기 바가지 부분으로 피해자의 우측 팔 부분을 들이받았다.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., cutting credit on the right upper part of the upper part of the upper part of the victim, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Reports on internal investigation and data attached thereto;

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

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The Defendant, who is a driver of a high-time excavation engine, in the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, did not properly confirm the operator of the excavated engine, thereby resulting in serious injury to the victim in need of medical treatment for about 10 weeks.

The defendant has not yet received a letter from the injured party.

On the other hand, however, the defendant's mistake is often divided when committing the crime of this case.

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