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The prosecutor's appeal is dismissed.
Reasons
1. The court below erred by misapprehending the facts that the court below acquitted the defendant on the grounds that there is no evidence to prove the facts charged of this case.
2. The summary of the facts charged is the driver of the vehicle in possession of the site of remodeling construction works for the building site for the building site for the building site for the building site for the building site for the building site for the Incheon Nam-gu, Incheon, and the victim E (V, 81 years old) is a person who has passed
On April 10, 2014, the Defendant driven a 09:35 minute on April 10, 2014, and collected construction materials, such as waste iron bars, which were collected within the construction site, and loaded 4.5 tons of a dump truck, which was stopped in front of the entrance of the construction site.
Since the vicinity of the dump truck with the above dump truck was a place where pedestrians frequent due to nature, bus stops, etc., and thus, the defendant, who performs the aforementioned loading duty, was obliged to pay a duty of care to prevent the collision of loaded goods by installing a dump truck in order to prevent the cargo from falling around the surrounding area, installing a block for preventing the fall of loaded goods on the dump truck, and conducting work to ensure whether pedestrians are in the vicinity of the dump truck.
Nevertheless, the Defendant neglected this and laid down construction materials, such as steel bars, on a dump truck without installing a dump truck. One of the steel bars fell behind a dump truck, and caused the victim to shock the left shoulder part of the victim who passed around.
As a result, the Defendant suffered injury to the victim, such as the so-called the left-hand flag abandonment, which requires medical treatment for about 16 weeks.
3. Determination
A. The Defendant and the defense counsel in the judgment of the court below are only contractors or employees who use cars under the on-site management of a lot lot construction company at the request of a lot lot construction company, which is a contractor for remodeling construction of the above house building, and thus, they are merely those who install a blocking room and pedestrian blocking as stated in the facts charged of this case.