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(영문) 대법원 1969. 1. 21. 선고 68도1661 판결

[업무상과실치사][집17(1)형,021]

Main Issues

It is justifiable to recognize that the driver is not negligent in the event that the driver dies in a case where the driver is able to drive the juth in operation or in a case where the driver dies by falling down on the rear wheel.

Summary of Judgment

It is justifiable to recognize that the driver is not negligent in the event that the driver dies with the rear wheels, after the truck in operation is driven by driving or down from the side or down, falling down with the plate and fall down with it.

[Reference Provisions]

Article 268 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Busan District Court Decision 68No1478 delivered on October 30, 1968, Decision 68No1478 delivered on October 30, 1968

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal by the Prosecutor Kim Chang-chul of the Busan District Prosecutor's Office.

Comprehensively taking account of the evidence listed in the judgment of the court of first instance maintained by the court below, the circumstances leading up to the occurrence of the instant accident are as follows. In other words, it is required that, when the defendant drives a truck at the speed of 20 kilometers a speed of speed, the abnormal iron, which is the victim, was left away on the left-hand side and left-hand side of the above vehicle, and was left away from the ground and left-hand side, and thus, the above victim could not be seen to have been able to board in advance. Accordingly, the record was examined in detail, and there is no violation of documentary evidence in the process of recognizing this fact by the court below. It is just that the court below held that the Defendant was not guilty, and therefore, the judgment of the court below did not err by misapprehending the legal principles on occupational negligence.

Therefore, this appeal is dismissed as it is groundless. Thus, this appeal is dismissed as prescribed by Article 390 of the Criminal Procedure Act.

This decision is consistent with the opinions of the involved judges.

The judges of the Supreme Court (Presiding Judge) of the Red Net Sheet