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Reasons
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(영문) 의정부지방법원 2013.12.09 2013고단3661
업무상과실치상등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The defendant injured by occupational negligence is a person engaged in the operation of BEC5C digging machines.

At around 16:30 on September 4, 2013, the Defendant, at D Co., Ltd., located in Sincheon-si, Gyeonggi-do, performed the work of operating the cherb searcher at D Co., Ltd., which is located in Sincheon-si, and carrying the cherb in loading the cherb in a cargo

In such a case, a person engaged in the operation of a digging machine has a duty of care to live well at the work site, and to operate the machine accurately and safely.

Nevertheless, the Defendant neglected this and caused the victim E (the age 45) to wear the left hand of the victim E (the age 45) who was faced with a mastrush on the top of the mast, due to the negligence that did not accurately operate the mastropic of the mastrop.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately six weeks of medical treatment, such as hydrotension damage to the left-hand side.

2. The Defendant violated the Construction Machinery Management Act at the above date, time, place, and without obtaining the construction machinery operator’s license as above, operated the above digging machine.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, Article 268 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, the main sentence of Article 26 (1) of the Construction Machinery Management Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant did not cause damage to the victim; (b) the Defendant was the primary offender; and (c) the entire facts of the instant crime are recognized; and (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (c) the Defendant’s age, character and conduct; and

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