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(영문) 수원지방법원 평택지원 2017.05.10 2016고단2806
업무상과실치상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant who was injured by occupational injury is a person who is engaged in the operation of a C digging season at the site of flating work on the ground in Ansan-si B.

On May 2, 2016, the Defendant, on the ground of the above ground, was operating construction machinery operator without obtaining construction machinery operator's license on the ground, and was in the operation of the crypized season at around 6 meters in length and at least 20 centimeters in diameter connected to the hump, connected to the hump, and came off at a place in need of normal carbon work.

In such cases, it is necessary to check in advance whether a person engaged in the operation of a refracker has a strength that connects the upper part of a refracker, and whether he/she is a person on the refracker radius, etc., and there was a duty of care to operate the refracker at an appropriate speed so that the fracker does not deviate from the refracker part, and to prevent the occurrence of an accident in advance.

Nevertheless, the Defendant neglected to do so and operated a clicker with a click tank connected to the clicker, and laid the clicker's clacker's clacker's clacker's clacker's clacker's clacker's clacker's clacker's clacker's clacker's clacker's clacker's clacker's right part.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence by an injury of the victim, such as an satisfy division before the right side requiring treatment between approximately eight weeks.

2. The Defendant violated the Construction Machinery Management Act, without obtaining a construction machinery pilot license at the time and place specified in the above paragraph (1), operated the above cherb cherls, which are construction machinery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, a medical certificate, and a medical certificate;

1. Application of the Acts and subordinate statutes to photographs of damaged photographs and equipment;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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