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(영문) 의정부지방법원 고양지원 2020.06.18 2019고단3668
업무상과실치상
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employee of the “B” company that installs a fire-fighting system, who was engaged in the Defendant’s business of operating and moving the fire-fighting equipment subcontracted by the Defendant Company E in the course of performing the work of installing fire-fighting equipment subcontracted by the Plaintiff Company E in around April 2019.

On April 12, 2019, the Defendant, at around 13:20 on April 12, 2019, engaged in the above work in the storage of the second floor B-5 underground of the above Logistics Center and operated the accusation, which was conducted in order to load materials to the accusation work unit and move out of the warehouse.

At the time, there were many people, including victim F (or 41 years of age) and employees of the logistics center around the work site, and in such a case, there was a duty of care to check whether the defendant, who is engaged in driving of the accusation work site, is well aware of the surroundings, and accordingly, to avoid any harm to human body by driving the accusation work site.

Nevertheless, the defendant neglected this and took the victim's walked on the right side of the accusation work unit as the result of the negligence of proceeding with the accusation work unit as it is, and in the process, the victim's left side was subsumed to the wheels of the accusation work unit.

As a result, the Defendant suffered injury, such as the mouths of sacratic saves 1, 2, 3, 4, 5 on the left-hand side in which the number of medical treatment days cannot be known to the victim due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police to F;

1. Each written diagnosis;

1. According to the statement of the Defendant, the CD or photograph (CCTV image), if the Defendant ceased to stop the accusation, then the Defendant appears to have been going behind the accusation working space (According to the statement of the Defendant, this appears to have been for the Defendant to use the materials from the manual staff to carry them into the accusation working space).

A complaint shall be filed again with the driver's seat.

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