업무상과실치사
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On February 3, 2015, at the parking lot located in Gangseo-gu Busan Metropolitan City, Busan, around 16:10 on February 3, 2015, the Defendant sought from the victim F the statement from the victim F that the operation of the G 4.5 tons of the freight car owned by the KUS SS SP, does not take place, and found the above cargo vehicle to the above place where the said cargo vehicle is parked, and then occupied the above cargo vehicle's driver's seat by 45 degrees and 45 degrees of the above cargo vehicle, and accepted the engine bus below.
In such cases, a person engaged in the automobile maintenance work at a place other than a maintenance station has a duty of care to take measures to prevent accidents, such as checking weathers and booms, in order to prevent unexpected accidents that may occur due to a sudden move immediately after repair or immediately after repair, and checking in advance whether booms are in danger, and installing other fixed devices to prevent movement of a vehicle. In particular, there was a duty of care to take measures to prevent accidents, such as checking weathers and booms, etc., even if repair is well performed after repairing the engine bus, and even if re-verification is required, it is necessary to take measures to prevent accidents.
Nevertheless, the Defendant’s negligence that did not fulfill the above duty of care and caused the death of the victim, such as the head, chest, and distribution, etc. in the workplace, by making the victim go along the movement as it is, immediately after the completion of repair, while proceeding in the future with the above cargo vehicle, and having the victim go behind the left side of the above cargo vehicle while going behind the driver’s seat.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made to H and I;
1. A traffic accident report;
1. A written result of autopsy;
1. Application of Acts and subordinate statutes on accident site photographs;
1. Relevant laws and Articles 268 of the Criminal Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The instant accident with the reason for sentencing.