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(영문) 의정부지방법원 2013.06.05 2013고단227
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On August 26, 2012, the Defendant driven the above car on August 10:25, 2012, and parked the said car in the YAD, which is located in D at the time of the sport.

Since there is a sloping place, there was a duty of care to park a vehicle in a state of “P” so that the vehicle does not get fast below the lower level of the vehicle, and there was a duty of care to park a vehicle in a state of full booming the sloping.

Nevertheless, the Defendant neglected this and received victims who left the vehicle in E T-co cars parked under the occupational negligence where the said vehicle was parked under the sloped roads while keeping the vehicle in a state of “N” rather than “P” but not “N”. In addition, the Defendant received the victims who left the vehicle in E-Co cars parked under the sloped roads.

At the same time, the Defendant received cerebral cerebrs from the victim G (the age of 85) by occupational negligence to the victim F (n, the age of 72) for about 12 weeks of medical treatment, and at the same time, suffered cerebral cerebrs from the victim G (the age of 85). At around 16:39 on the same day, the Defendant was hospitalized in H Hospital in the Government of Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes governing death certificate, diagnostic certificate, and postmortem examination report;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the victim F and the bereaved family members of the victim G have not want to be punished for the defendant

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