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(영문) 대구지방법원 2016.11.29 2016고단4310
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the Category B mining ground.

At around 10:00 on June 8, 2015, the Defendant operated the above sofacing season before D's house located in the Cheongdo-gun, Cheongdo-gun, Cheongdo-do-gun, and was engaged in drilling work.

At the same time, there was a victim E (the age of 77) in order to assist the defendant's work, so there was a duty of care to look well around the person engaged in the operation of the digging season, and to check well whether there was a person within the radius of the digging season and prevent the accident.

Nevertheless, the defendant did not discover the victim who was on the scambling because he did not live well around, and did not look at the victim's chest part on the left side of the scamet, and received the chest part of the victim's scam.

Ultimately, the Defendant suffered injuries, such as duplicating a cuplic fage of the treatment days, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Medical certificates and written confirmation of entrance and discharge;

1. Application of Acts and subordinate statutes to investigation reports (for telephone communications for employees of insurance companies);

1. Article 268 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation Punishment] Type 2 (Death by Occupational Negligence or Gross Negligence) (Decision of Sentence 5-10 months) (Decision of Sentence 4-10 months) (Decision of Sentence 5] The occurrence of significant bodily injury to the victim due to the accident of this case, and there were unfavorable circumstances such as the victim's desire to punish the defendant's severe punishment. However, the defendant paid approximately about 15 million won of the medical expenses paid to the hospital through the insurance company to the insurance company, and made efforts for recovery of damage, such as deposit of about five million won for the victim, and the defendant was sentenced to a fine exceeding the fine.

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