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(영문) 의정부지방법원 고양지원 2018.01.18 2017고단3284
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service for the company C in the case of Pakistan.

around 12:00 on August 15, 2017, the Defendant used the vehicle to repair the steel door with a view to accepting the steel door.

There are two walls and the inside space of each workplace is narrow, so in such a case, there was a duty of care to prevent accidents in advance by checking whether there is a person around the workplace, and driving safely.

Nevertheless, the Defendant neglected this and did not discover the victim D(58) who was on the right side of the knive in the course of the occupational negligence and the knive in the direction of the knive in the aftermath of the knive vehicle while neglecting it, and had the victim receive the victim from the side of the knive vehicle and the wall of the workplace.

As a result, the Defendant caused the death of the victim due to the above occupational negligence by serious damage to the body part of the body, such as substantial prolonged damage, etc., at the Japanese Masan Hospital located in the 170-ro, Seoyang-gu, Seoyangyang-gu, Busan, Seoyang-gu, Seoyangyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer of the E and F;

1. Statement by G police (including H part of the statement);

1. A corpse death certificate;

1. Photographs of a dead body of a deceased person, photographs of a place of accident, and CCTV images taken;

1. Application of Acts and subordinate statutes to a response to a request for appraisal;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, consideration is given to the following: (a) the Defendant’s negligence in the instant accident; (b) the Defendant’s company did not have any serious criminal record; and (c) the Defendant’s company agreed

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