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(영문) 수원지방법원 2016.05.12 2015고단5901
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a D Staff member in G in G in Young-si, who is engaged in loading and unloading of goods using such D staff at the loading and unloading place in a logistics warehouse.

On January 8, 2015, at around 08:00, the Defendant operated the kn's train (design name ESX 16) with a rush rush 1 ton rush at the loading and unloading site of D logistics storage, and moved goods to the place of inspection.

In such cases, a person engaged in the operation of the train must not load anything excessively on the vehicle for the person to be engaged in the operation of the vehicle, and there was a duty of care to prevent accidents in advance by carefully operating the vehicle with due care on the surrounding workers or objects.

Nevertheless, the Defendant neglected this and fell into the part of break (metallic material) which depends on the right side of the victim E (53 years old) who was leading to the lending (water) in the sea bed and was working in the sea bed, with the negligence in the course of the business of operating the vehicle in which the goods are taken in a state to the extent that the right side of the front is not secured.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as cutting down the right-hand alley, which requires approximately 16 weeks of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Application of each written diagnosis ( complainant E) statute;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act and the content of the instant crime, the degree of damage to the victim, etc., the fact that the nature of the crime is not weak and that it has not been agreed with the victim, etc. are disadvantageous to the Defendant.

However, the defendant is recognized to have a mistake, and the damage of the victim caused by the accident in this case is caused by insurance purchased by Eart Co.

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