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(영문) 광주지방법원 해남지원 2017.08.24 2017고단219
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of 55 Magazors for Magazy agricultural purposes.

On October 20, 2016, around 09:30, the Defendant stopped the Track because the Track work was suspended while working for the Track field in the ancient field located in the Namnam-gun, Namnam-gun.

At the same time, there was a slope in the vicinity of the stopping place, and there was a person in the vicinity of the stopping place, so there was a duty of care to prevent the Tracker from leaving the Track by accurately keeping the Track with the Track.

Nevertheless, the Defendant neglected this and caused the injury to the victim, such as the head and right shoulder part of the victim D (V, 70 years old) who was frighting in the vicinity of the Trackter, by neglecting it and neglecting it, resulting in the victim's lacing of the head and right shoulder part of the Track harvest season attached to the Track Trackter.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate or a copy of medical records;

1. Three copies of an injured photograph and photograph;

1. Application of Acts and subordinate statutes to a report on investigation (in cases of attaching a photograph of a track at the time of accident);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria [Scope of the recommended punishment] Type 2 (Bodily Injury resulting from Business, Actual or Gross Negligence) (No person subject to special sentencing for April to October)

2. Determination of sentence: (a) considering the degree of injury suffered by the victim, the degree of negligence of the defendant, and the fact that the defendant did not reach an agreement with the victim, the defendant must be punished strictly; (b) the defendant reflects the fact that the defendant does not have any record of the same kind of crime; and (c) the age, sex, environment, and accident of the defendant occurs.

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