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(영문) 수원지방법원 성남지원 2015.12.18 2015고단1989

업무상과실치상

Text

[Defendant A] The Defendant shall be punished by imprisonment without prison labor for four months.

However, the above punishment shall be executed for one year from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is the head of production department D in plastic packaging chain, and Defendant B is the representative of the above company.

Defendant

A around 12:30 on September 4, 2014, at the D parking lot located in Gwangju-si, A used one ton electric car to transport fire-fighting cars transported by the victim F of the victim F of the LAF affiliated company of the LAF of the LAF in the KAF, and had the victim assist in the work by hand so that the above container can be well located in the empty space where it is loaded.

In such cases, Defendant B has a duty of care to thoroughly manage and supervise, such as conducting safety education prior to the commencement of the work as a business owner, to have a skilled driver drive the vehicle, to prevent accidents in the workplace, such as preventing the entry of the general public, and to prevent the occurrence of accidents in the workplace. Defendant A has a duty of care to prevent accidents by taking measures such as prohibiting the entry of the general public during the course of the work of loading and unloading the vehicle by using the vehicle for which he/she is engaged, and driving the vehicle by accurately manipulating the steering direction, brake system, etc.

Nevertheless, Defendant B was at fault in the course of performing safety education or allowing an unsatisfy employee to drive the vehicle at will without prohibiting entry by the general public. Defendant A was at fault in the course of performing duties, which did not prohibit the entry of the general public and did not make the victim who did not have access to the vehicle, and did not accurately drive the vehicle while allowing the victim who did not have access to the vehicle to load and unload the vehicle. Accordingly, Defendant A caused the loss to the end of the part of the victim’s right of the vehicle that Defendant A driven, and caused the loss to the end of the part of the victim’s right.

Ultimately, the Defendants jointly suffered injury to the victim, such as cutting the right 3 balance by negligence in the course of business as above.