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(영문) 서울중앙지방법원 2020.08.27 2020고단3948
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving the excavated machine B.

On October 21, 2019, at around 15:00, the Defendant: (a) operated the excavation apparatus and took care of it in the 3rd underground floor of the Seoul Jung-gu Seoul Central District Office; (b) however, the location was narrow and a large number of people in the surrounding areas at the time engaged in excavation, etc., so in such a case, the Defendant had a duty of care to inform the person engaged in excavation of the diameter, to properly see the surrounding areas, and to prevent accidents by accurately operating the excavation apparatus, and to prevent accidents.

Nevertheless, the defendant, without putting a light, tried to boom the back of the slope of the excavated engine by negligence, who had been engaged in the work following the excavation of the excavated engine, and had the left side of the victim D( South, 55 years old).

Ultimately, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as the risk of opening the left-hand side, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. A complaint;

1. Investigation report (to telephone conversations of persons for reference, and to listen to D telephone statements made by complainants);

1. Application for medical care benefits, report on the occurrence of a disaster, special equipment spawn, similar photographs of the complainants, and four copies of the accident site photographs;

1. Application of Acts and subordinate statutes to medical certificates, medical certificates, and opinions;

1. Article 268 of the Criminal Act applicable to the crimes;

1. The crime of causing bodily harm in need of 10 weeks of medical treatment is not good, and the degree of damage is not somewhat weak, because the defendant, while making an excavation work on the ground of sentencing under Article 62(1) of the Criminal Act, was negligent in neglecting his/her duty of care in the future and neglecting his/her duty of care in the future.

However, there is no history of criminal punishment for the defendant, and the whole time and reflects the crime.

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