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(영문) 수원지방법원 2016.04.05 2016고단114
업무상과실치상
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 driving of C digging machines.

On August 31, 2015, the Defendant: (a) driven the above sofactor in E, YE in Gyeonggi-do, Gyeonggi-do, Gyeonggi-do; (b) stopped in the victim’s neighborhood to obtain a total sum of e.g., from the victim F (53 tax). In such a case, the Defendant had a duty of care to live well in the surrounding areas and to prevent accidents by accurately operating the sofactor, and to prevent accidents.

Nevertheless, the Defendant did not properly look at the surrounding areas, and had the victim go against the left side of the digging hole with the direction of the digging hole by the negligence converting it into the left side of the digging hole, and suffered approximately 12 weeks of medical treatment on the left side of the victim, and suffered a severe rupture and pressure tracing on the left side.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

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

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

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below): The liability insurance is subscribed to with respect to the search period of this case, the victim has agreed smoothly with the victim, and the victim has no previous conviction exceeding the fine: The victim's degree of injury was reduced due to the accident of this case, etc.

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