업무상과실치사
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. As a driver of (ju)D, the Defendant, as a driver of the vehicle, completed the loading of four lumbers on the truck of the victim G driving, and then went to the original wood loading station in order to put the original timber into the production warehouse of the above timber station.
The Defendant’s mistake, as stated in the facts charged of this case, did not result in the death of the victim due to the Defendant’s misunderstanding, but the lower court found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The 1-year imprisonment without prison labor sentenced by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant is a person who is engaged in driving and operating the vehicles with 7 tons of E7 tons in Da, Inc., Ltd., located in Gyeongbuk-gun, Gyeongbuk-gun, for the first time in the trial.
At around 16:30 on June 10, 2010, the Defendant: (a) operated the said car in the said D shop, loaded approximately 2.93m to approximately 4.64m in length, and (b) discovered that the Victim G (the age of 31) was cut between the No. 2 and the No. 4, while moving for other work, while loading it to the F14m of wood C from No. 1 to No. 4.64m in length; and (c) discovered that the Victim G (the age of 31) was laid down.
In such cases, there was a duty of care to prevent risks in advance to prevent the collapse of timber divers, and to safely lower the level of work.
Nevertheless, the Defendant neglected this and failed to take safety measures to prevent the additional collapse of timber dys, and 4. The Defendant’s dystypically cut down a timber dys by cutting it forward, and 2. The Defendant covered the victim by cutting it forward.