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(영문) 수원지방법원 2013.09.25 2013고정606
업무상과실치상
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who drives a dump truck with designated wastes treated by C, which are loaded in a dump truck.

At around 16:00 on August 31, 2012, the Defendant carried out a cream work to cover a dump truck with asbestos waste in the E site located in Suwon-si D, Suwon-si.

In such cases, the defendant, who is engaged in the cateral operations, has a duty of care to prevent accidents in advance by checking whether there is a dump truck article that dump truck article that helps the commercial day within the cateral radius of the crums.

Nevertheless, the Defendant neglected to do so and did not discover the Victim F, who is on the back of the Crain's ton of the Crain, and did not turn back two ton of the Crain in the direction of the Erain in the direction of the anti-clock, and led the Victim to shock down knee.

As a result, the defendant corrected the victim to the name of the disease stated in the medical certificate of sacrificing the sacrifical sacriffy that requires approximately six weeks of medical treatment.

(No. 4 of the Investigation Records).

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Some of the suspect interrogation records of the accused to the prosecution (including the F substitute part);

1. Each police statement made to F, G, and H;

1. A written diagnosis of injury;

1. Application of the Stockholm Act

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the defendant's and defense counsel's assertion is that the defendant's occupational negligence cannot be recognized, and the victim's bodily injury cannot be deemed to have been caused by the defendant's act

2. The following circumstances acknowledged by the evidence of the judgment, i.e., the Defendant’s back-to-one-one-one-one-one-one-half-one-one-one-half-

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