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(영문) 수원지방법원 2014.12.10 2014고단5132

업무상과실치사

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

However, 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

On May 30, 2014, at around 21:40, the Defendant parked the said car at the entrance of the “E” restaurant at the 1st floor of the Da main complex building at the time of harmony. The Defendant, who is engaged in driving the said car, has to thoroughly check and exchange the parts of the vehicle, and take measures to ensure that the brakes, etc. can work normally at the time, since the said car was a vehicle for which 12 years have passed since it was first registered, and the place of parking at the time is a slope, so that the vehicle is operated in a normal manner, such as accurately operating the brakes to be driven at the location of parking (P) and fixing wheelss with bricks, etc., the Defendant has a duty of due care to prevent the said vehicle from spreading under the following.

Nevertheless, the Defendant parked the said car and did not take measures to stop the movement or set the wheels to a neutral location (N), but did not take measures to stop the movement or set the wheels. As a result, the Defendant was able to get the victim F (51 years of age and South) who was coming to walk from the rear side of the said car at the left side of the said car, and the said car was moving back according to slope. Accordingly, on May 31, 2014, the victim died of the Plaintiff from the emergency room of the Hansung University Hospital of Gelim University, which is located in the 07:00 way to a large sponife of the said car at the lower side of the said car.

In this way, the defendant caused the death of the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each photograph (Nos. 5, 11, 15, 17, 25 of the evidence list);

1. A death certificate;

1. A motor vehicle inspection report;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Code Article 62(1) recognizes the defendant's mistake, and the said car is a comprehensive automobile insurance.