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(영문) 대전지방법원 공주지원 2014.10.24 2014고단181

업무상과실치사등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the operation of a broad scraper;

At around 14:35, May 17, 2014, the Defendant operated the surface scrap 83, on the front side of the Domini Agricultural District, the Domini Agricultural District, the Domini Agricultural District, and was moving back to the direction of the Ministry of Agriculture, Forestry and Rural Affairs in the direction of public viewing.

Since the above road was partially controlled at the time and was under frequent traffic, there was a duty of care for the person engaged in the operation of the tram scraper to take the direction and the left and right of the road well according to the signal signals and to accurately operate the steering direction and the steering system and to safely proceed with the road.

Nevertheless, the Defendant neglected to do so without a construction operator’s license, and neglected to do so, caused the victim’s right bridge of the victim D (the age of 71) who was a traffic signaler controlled Csi from the rear side of the surface scrap gate to the track wheels of the above surface gate gate, and caused the victim’s above bridge to change the victim’s gate in front of the left side of the above taxi and the gate gate wheel.

Ultimately, the Defendant caused the death of the victim at around that time due to the above occupational negligence, such as low-blood shock, etc. caused by the victim’s failure to open.

2. The Defendant violated the Construction Machinery Management Act at the above date, time, and place as above, operated the chill chill of the special construction machinery without the construction machinery operator’s license at approximately five meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. 교통사고 발생보고서, 교통사고보고⑴⑵(실황조사서)

1. An accident site photograph;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to a construction machinery operator's license confirmation notice, a copy of a construction machinery operator's license;

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