beta
(영문) 부산지방법원 2017.08.24 2017고단1801

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

From May 19, 2016, the Defendant is a person in charge of the management of vehicles entering, leaving, etc. by manipulating the above apartment parking zone while serving as a security guard in Busan-gu D apartment from around Busan-gu.

On May 29, 2016, at around 18:20, the Defendant: (a) parked the above apartment parking zone around May 29, 2016; (b) the victim E (37 tax) parked in the FST5 vehicle parking zone of the victim, and (c) left the house after the victim E parked in the vehicle parking zone; and (d) the victim was waiting for the vehicle at the request of the victim, and approximately five minutes of the vehicle waiting for the victim while waiting for the vehicle, the Defendant was divided into “the” and “the same” server of the string engine in order to bring the victim who was not the victim, and the above parking zone was in need of about 10 seconds until the 10th of the string of the parking zone, and the Defendant was forced to park by mistake that the vehicle was parked due to the failure of the victim, and the victim was forced to leave the entrance immediately after arrival of the vehicle.

In such a case, the defendant is well aware of the operation method of parking operation equipment, and in the case of a person in the parking zone, he neglected his duty of care to prevent the accident by safely manipulatinging the parking zone, and neglected to do so, but the vehicle storage in the parking zone is under way, and thus, he did not prevent the victim from entering the parking zone even in a dangerous situation, even though the parking zone was broken and the entrance was forced to be opened and the entrance was dangerous, and the victim does not have to prevent him from entering the parking zone. In the situation where the victim is in the parking zone, he should divide the "emergency stop" pressing in order to stop the operation of the parking zone, but is not aware of the operation method of the parking zone.