logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.13 2019고정120
업무상과실치상
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is an employee of the Company B, and the Victim C ( South and 41 years of age) is an employee of the Customer.

On July 19, 2018, at around 13:30, the Defendant operated the knife in the third factory of the Namdong-gu Incheon Metropolitan City, B, and loaded the drum (weight 200 km) to load the knife E on the cargo vehicles of the victim.

In such cases, if the drum is so far as other workers are likely to be at risk, they are obliged to confirm the placement and work methods of the drums and to prevent accidents by taking necessary measures to prevent danger.

Nevertheless, the Defendant neglected this and stored four drums in two parts, thereby resulting in the injury to the drums and the slocks that require approximately six drums treatment while carrying the cargo.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each written diagnosis;

1. Application of statutes governing field photographs at the time;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant was not negligent in the occurrence of the instant accident.

2. The following facts or circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① at the time of the instant case, the Defendant tried to store four drums in two parts at one time. Even if based on the Defendant’s statement, piling up two drums as such; ② the Defendant asked the Defendant to drums at the time of loading, and the Defendant continued to work on the drums after the Defendant left the drums. However, the Defendant continued to work on the drums at the time of loading.

arrow