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(영문) 대구지방법원 서부지원 2020.07.24 2020고단720
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duties of quality control, business, etc. in the "C" located in Seongbuk-gun B.

On July 25, 2019, at around 17:17, the Defendant: (a) parked cargo vehicles to load cargo within the “C” factory; (b) the victim D (the age of 57) who engages in personal transport business parked, and (c) operated the electric-driving vehicle with the sodrid to move the construction equipment parts to be delivered.

In such cases, it is necessary to confirm whether a person in charge of operating a vehicle has a person near the vehicle in order to check the left, right, and the front and rear well, and there was a duty of care to prevent the risk of collision in advance by paying attention not to mislead any person in the vicinity or by immediately suspending work.

Nevertheless, the defendant's failure to live well before and after the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are exercised

Ultimately, the Defendant suffered injury to the victim, such as the 1st, 2nd, and the pelvis of the upper right, which requires treatment for about five weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to have a complainant submitted and accompanied by a photograph of damage), investigation report (to have CCTV images confirmed at the time of an accident and attach photographs), investigation report (to attach a written additional diagnosis to mail submitted by a victim);

1. Each written diagnosis;

1. Application of statutes on site and CCTV photographs;

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

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act is not that the injury suffered by the victim is less severe than that of the defendant is disadvantageous to the defendant.

However, the defendant is aware of his mistake and reflects, and the defendant has agreed smoothly with the victim after the closing of argument, and the victim has reached a full agreement.

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