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(영문) 대구지방법원 서부지원 2016.01.13 2015고정837
업무상과실치상등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 3, 2015, the Defendant: (a) was a person engaged in driving of Category C cargo vehicles; (b) driven the above cargo vehicles around 17:00, and parked the above cargo vehicles from the direction of the light nts to the real estate of E on June 3, 2015.

At all times, the E real estate side is lower than the e-mail, and in such a case, even if the person engaged in driving service parks or parks the above cargo at a place where there is no slope, there was a duty of care to prevent the above cargo from spreading down to the direction of the e-mail by putting the e-mail of the above cargo in the location (P) through (R) where the e-mail of the vehicle is parked, and accurately operating the parking hub. On the other hand, there was a duty of care to prevent the above cargo from spreading down to the direction of the e-mail of the above cargo.

Nevertheless, the Defendant parked the said cargo vehicle to real estate E at a remote slope, while placing it in a neutral location (N). On the other hand, the Defendant, by occupational negligence, caused the victim FF (V, 65 years old) who was at the same place to be cut off to E real estate according to the slope of the said cargo to the decline according to the work negligence, which did not unfolded the wheels so far and did not use the wall, and caused the victim to be injured by approximately five weeks of the said cargo vehicle, thereby causing about five weeks of the victim’s injury, such as the left-hand aggregate 5 weeks of the need for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Results of video correction;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The summary of the facts charged in this part of the charges of this part of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is about 10 meters in front of Daegu-gu, which is the point of the above accident, under the influence of alcohol by the Defendant at around 20:30 on June 3, 2015.

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