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(영문) 전주지방법원 군산지원 2015.01.28 2014고단1133
업무상과실치사
Text

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

except that the execution of the above punishment shall be suspended for 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 the operation of an agricultural track.

On September 16, 2014, the Defendant started to work for dry field using the above agricultural track in the ginseng dry field located in the Yasan-si, Yasan-si, North Korea on September 15, 2014.

At the time, the injured party D (the age of 72) was engaged in the operation of ginseng at the left-hand side of the defendant's track, so in such a case, he had a duty of care to prevent accidents, such as checking that he did not have any person within the radius of the operation of the Tracter by properly examining the post-on by a person engaged in the operation of the Track for agriculture, and informing him of the fact that "the Track in the vicinity of the Track for the start-up" was done and then starting work in advance.

Nevertheless, the defendant neglected to do so and caused the victim to go beyond the floor by shocking the victim with the rear wheels of the Tracker's left-hand side of the Tracker.

Ultimately, around September 16, 2014, around 16:34, 201, the Defendant caused the death of the victim due to the multiple trauma damage from the pre-North Korean University Hospital, which was located in 20, Seojin-gu Seoul Special Metropolitan City, Seojin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

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

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

1. Article 62 (1) of the Criminal Act (Consideration of the agreement with the bereaved family members of the victim, age of the defendant, etc.);

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