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(영문) 수원지방법원 여주지원 2018.08.08 2017고단1504

업무상과실치상등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000 and by a fine of KRW 500,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A. The company is the business owner who runs the warehouse business in E., and the defendant A is the representative of the above B, who is the management manager of the B's warehouse (hereinafter referred to as the "logistics warehouse in this case") operated in E., and the victim E (45 years old) is the person who carries on the transportation business using F freight cars owned by the victim.

1. Defendant A

A. On June 29, 2017, the Defendant: (a) around 16:10 on June 29, 2017, in the instant logistics warehouse, was engaged in the classification work of the food that the freight engineer G will transport to the south-west city in the instant logistics warehouse; (b) was asked by the victim E to transport the freight engineer G, first of all, he would transport the freight engineer G, rather than that he would transport the freight engineer G.

The Defendant continued to inform the victim of the location of an empty stuff, which is the goods to be transported by the damaged person outside the building of the instant logistics warehouse, and the victim consented to use the leisure cars used in the instant logistics warehouse to store the said empty stuff on the truck of the damaged person.

In such cases, the defendant, who is the person in charge of the management of the logistics warehouse of this case, has a duty of care to prevent accidents, such as checking whether the victim's driver's license was able to safely drive the cargo using the vehicle for the victim, and informing the victim of the characteristics of the vehicle that should be careful when driving the vehicle in a place with severe slope like the end of the logistics warehouse of this case.

Nevertheless, the Defendant, without taking any measures, drives the victim's car in the afterma of a serious logistics warehouse with heavy slope and caused the victim to win the empty stuff to the cargo of the victim, thereby getting the victim to win the empty stuff on June 29, 2017. In the logistics warehousema of the instant case, the Defendant lost the balance between the two, while making the victim go back to drive the empty stuff on the cargo.