2020 Highly Injury by occupational negligence

A, 1965 L, Golf Games Assistants

Residence

Reference domicile

Park Yoon-hee (Court) and Lee Jong-hee (Court of Justice)

Attorney in charge of the trial (for the defendant)

April 22, 2021

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Punishment of the crime

B1) A team with the victim C(44 years of age) is a person who operated a golf game in the “Sabaf golf club” located inside and outside of 577-189, from the outside-si, Gyeonggi-gu, and the Defendant is a person who is engaged in duties, such as the safety management of games, while working as a glddddd (flddd

The Defendant and B shall be at the above golf course around 09:00 on July 21, 2019, and B shall be the victim, D, and E (the victim shall remain the victim).

편) 등 3명과 함께 경기자로서, 피고인은 위 경기의 보조원으로서 골프경기를 하게 되었다. 위 게임 중 제8번 홀에서 경기자 4명이 티샷을 하였는바, B이 친 공은 페어웨이 왼쪽 전기자동차 통행로 바깥쪽에 떨어졌고, 피해자와 D가 친 공은 B의 공 약 40미터 전방에, E이 친 공은 페어웨이 오른쪽 전방 벙커에 떨어졌다. 이에 B과 E은 걸어서, 피해자와 D는 전기자동차를 타고 그곳으로 이동하여 다음 샷을 하게 되었다.

피고인과 B은 위와 같이 공이 떨어진 상황에서 두 번째 샷을 함에 있어, 당시 B으로서는 피해자가 자신의 공을 확인하기 위하여 B의 앞 쪽에 서 있는 동안에는 샷을 하여서는 아니 되고, 피해자로 하여금 자신이 타격하려는 공보다 뒤쪽으로 물러나게 한 다음 샷을 하여야 할 주의의무가 있었고, 피고인에게는 경기보조원으로서 경기도중 혹시 있을지 모르는 안전사고에 대비하여 참가자들이 안전수칙에 따라 경기를 하도록 주의를 주고, 특히 위와 같이 경기자들이 친 공이 서로 가까운 곳에 떨어져 다음 샷을 준비하고 있는 경우라면 공이 떨어진 곳으로 이동하여 경기자들이 안전하게 경기를 하는지 여부 등을 살펴야 할 주의의무가 있었다.

Nevertheless, the Defendant and B neglected this, while confirming that the public interest between B and the victim was close to the above, the Defendant stopped the electric vehicle with the victim and D while leaving the vehicle in the front of B, and the victim left the vehicle in the front of B, and immediately moving the golf bonds to the place where E is found, and then did not take any measures for safe sports operation by moving the golf bonds to the place where E is found, Section B was negligent by the victim's negligence and the victim's negligence at approximately 40 meters away from the target point, which led to the victim's right-hand snow.

As a result, the Defendant and B jointly suffered injury to the victim such as the 43-day treatment of 43 days of internal and internal walls, the pelle and closing of the inner walls, etc.

Summary of Evidence

(Omission)

[Defendant and defense counsel asserted that there was no negligence on the part of the Defendant, when the Defendant stops the electric vehicle back of B, when the victim moves in the future to the right side, and the occurrence of an accident fit for the snow of the Defendant to the right side (hereinafter referred to as "the accident in this case"), and that there was no negligence on the Defendant. However, the victim et al. consistently testified from investigation agency to this court that the Defendant left the victim in front of B, and the victim et al. testified that the victim et al. al. al. al. saw that the victim et al. al. al. al al al al al al als als als al, and it cannot be seen that the victim et al. al. al. al. al. al and the victim et al. al. al. al. al. al. al. al. al. al., when considering the fact that it is difficult to explain at the time of the accident in this case.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 268 and 30 (Selection of Fine) of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The defendant's occupational injury suffered serious injury, however, the defendant did not seem to have a genuine attitude against the defendant, and the fact that the defendant did not receive any flick from the victim is disadvantageous to the defendant.

On the other hand, the main responsibility for the occurrence of the instant accident lies in B, the victim is partially negligent, and the victim is expected to be compensated for damages through future civil litigation, etc., and the Defendant’s primary offender is the sentencing ground to be considered for the Defendant.

In addition, the sentencing conditions specified in the records of this case, such as the defendant's age, character, conduct, environment, means and result of the crime, after considering all the circumstances after the crime, shall be determined as ordered.

The number of judges

1) The first injury resulting from negligence was prosecuted, and the victim subsequently expressed his intention not to punish B. The prosecutor revoked the prosecution against B on the fourth trial date, thereby dismissing the prosecution by this court.

2) Although the facts charged are stated as "the negligence", the defendant was indicted by occupational injury and injury, and such correction is made ex officio.

3) Since the defendant and B suffered injury to the victim due to ‘joint negligence', Article 30 of the Criminal Act is added to the applicable provisions of law ex officio.