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(영문) 광주지방법원 2015.06.30 2015고정301
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000 (per million).

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of softs.

On September 20, 2014, the Defendant: (a) around 07:00, at the entrance of the D factory located in Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-do, (b) was carrying 15 Plast 15 of Plast plug used for the cover board of the trucking trucking line at the entrance of the D factory, and was set off at the above factory.

At the time, victim E (year 56) was located in a place less than 3 meters away from the place where the above plastic sheet was set up, and where the above plastic sheet is stored in a variety of plastic sheet, it may be collapseed without putting the weight-centered properly. As such, a person engaged in the above work must accurately operate it so that plastic sheet may not be collapseed. If there is a person who is confirmed whether there is another person around the place where the plastic sheet was set up, he/she has a duty of care, such as notifying him/her of whether it is sufficiently away from the working place.

그럼에도 불구하고 피고인은 이를 게을리 한 채 피해자에게 충분히 떨어져 있도록 고지하는 등의 아무런 조치를 하지 아니한 채 만연히 지게차로 플라스틱 파렛트를 내려놓은 과실로 무게중심을 잃은 플라스틱 파렛트가 무너지면서 부근에 있던 피해자의 발등 부위를 내리찧게 하였다.

Ultimately, the Defendant suffered from the Defendant’s negligence on the part of the lower court, i.e., the part of the 4th unit of the fluorium, which requires approximately three weeks of medical treatment, and the part of the lower court near the fluorium.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of suspect of the police accused;

1. Each statement of the police about E and F;

1. Application of Acts and subordinate statutes, a written petition and a written diagnosis (Evidence No. 3, 4)

1. Relevant Articles 268 (Selection of Punishment of Fines)

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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