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(영문) 울산지방법원 2019.06.27 2019고단674

교통사고처리특례법위반(치사)

Text

Defendant

A A Imprisonment without prison labor for ten months, and Defendant B shall be punished by a fine of 2.5 million won.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an article that has been engaged in driving of C16 tons, and Defendant B is an on-site supervisor who instructs the loading and unloading work in F located in Ulsan-gu E, Ulsan-gu, the loading and unloading division in the loading and unloading division of the D Loading-gu.

Defendant

A, around 10:04 on September 27, 2018, when driving the above forking vehicle and closing the top-down operation of the vehicle loaded with the element spons in F located in Ulsan-gu E, Ulsan-gu, it had a duty of care to properly see the future, operate the system and the steering gear accurately, and check the location of the workers, etc., and Defendant B had a duty of care to safely proceed with the operation of the vehicle that Defendant A drives along with the Defendant. In performing the above operation of the vehicle, Defendant B had a duty of care to safely take into account the progress of the operation and operation of the vehicle that Defendant A drives along with the Defendant.

Nevertheless, Defendant A, who did not properly look at the rear side and did not know that the remaining business of the above line was in progress, had the victim G(76 years of age) who was another line after the previous line of the vehicle. Defendant B, the above three on-site human resources and the victim, ordering three on-site human resources and the victim to rest, leaving three on-site human resources, and Defendant A and two on-site human resources with one on-site human resources. Defendant A’s operation and the situation of the operation of the above line of the vehicle was completed, and Defendant A and two on-site human resources finished the remaining business, and did not know that the remaining business of the above line of the next line of work was in progress, so the victim would have been able to move back to the next line of the above line of work, which is the work counter-working of the said vehicle.

Ultimately, the Defendants jointly do so.