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(영문) 창원지방법원 2015.11.17 2015고단2540

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, as a cargo driver belonging to the SPS, was engaged in driving of BMoart Track freight cars.

At around 23:40 on June 17, 2015, the Defendant prepared for the operation of the foregoing cargo vehicle on the front of the “D” road located in Kimhae-si, Kimhae-si, while connecting the said cargo vehicle to the loading of the said cargo vehicle and the bitr, left from the driver’s seat.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents by stably stopping the vehicle through the normal operation of parking brokes, which is well considered as a slope for the vehicle's location.

Nevertheless, the Defendant neglected to do so and caused the victim I (59 years of age) to reverse the victim I (59 years of age) body of the cargo vehicle, which was parked at the lower edge of the mast, and stopped at the lower edge of the mast, while leaving the driver's seat and leaving the driver's seat.

Accordingly, the defendant caused the victim's death to a long-term damage from his job to multiple organs.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident occurrence report;

1. A corpse of corpse;

1. Application of each statute on photographs;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the suspension of execution and the agreement with the bereaved family members of the victim);