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(영문) 울산지방법원 2014.08.21 2014고단480
업무상과실치사등
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

Punishment of the crime

The Defendant is a person who is engaged in the operation and parking of C8 tons of grassland trucks (hereinafter “instant cargo trucks”).

At around 08:00 on December 29, 2013, the Defendant parked the foregoing cargo vehicle on the Dongcheon-dong Underground Road (hereinafter “instant underground vehicle”) in Ulsan-gu, Ulsan-gu, Dongcheon-gu (hereinafter “instant underground vehicle”).

However, there is a two-lane road among two-lanes, and it is difficult to find out that a vehicle is parked because the view of other drivers is not secured at the entrance of the underground vehicle, and it is difficult to expect that the vehicle is parked. Therefore, the defendant has a duty of care to take measures so that other vehicles can safely be damaged by installing safety signs at the rear side or using lights or sidelightss, even if parking is inevitable.

Nevertheless, the Defendant did not take any safety measures, and instead parked the above vehicle at the above place, caused the victim D(31 years of age) driving the victim D's automobile driving in the direction of the Jung-gu Public Health Center to receive the back part of the Defendant's vehicle.

Ultimately, the Defendant by such occupational negligence inflicted on the victim D with injury on the victim F (the age of 65) who was aboard the back seat of the damaged vehicle due to an injury of blood species, etc., which requires approximately six weeks of medical treatment, and the victim G (the age of 63) who was aboard the top of the damaged vehicle, on December 29, 2013, when the victim G (the age of 63) was aboard the victim on December 13:30, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. The actual survey report and on-site photographs;

1. A written autopsy report and a written diagnosis;

1. Application of Acts and subordinate statutes governing field photographs attached to the investigation report;

1. Criminal facts;

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