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(영문) 서울남부지방법원 2016.04.01 2015고단5612
업무상과실치사
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of C50 tons C, and the defendant B is the maintenance company of the above vehicle, who is engaged in the operation and management of the above vehicle.

On October 9, 2015, around 15:58, the Defendants requested the victim D (73 cc) to replace the bring of the above vehicle at the parking lot for the cargo truck truck terminal located in the new-ro, Yangcheon-gu, Seoul Metropolitan Government. Meanwhile, the Defendants came to work to replace the oil pressure by entering the fixed bring of the above vehicles.

In such a case, the Defendants, as the manager of the above vehicle, neglected the duty of care to take sufficient safety measures, such as setting up height trees in front and rear the wheels at the front and rear of the accident, and neglected to do so, and did work without any safety measures, such as parking the vehicle at the warning place of approximately 1.6∑ 1 and 4, leaving the vehicle in the front and rear of the wheels, leaving the vehicle at the warning place of approximately 1.6∑ 1 and 4 wheel, and leaving the vehicle in the front and rear of the road, and leaving the vehicle in the front and rear of the wheel. As a result, due to the slope of the Defendant getting off the pressure jack (Hydulic Jck) that the victim was coming between the 3 dule and the 4 dule of the vehicle and getting off the part of the victim who was working with the qui part.

As a result, the Defendants conspired to cause the victim to die due to the infection at the Guro University Hospital on October 11, 2015, around 07:42, the Defendants conspired with the above occupational negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A death certificate;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. The Defendants: Articles 268 and 30 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Defendants in the suspension of execution: Article 62(1) of the Criminal Act (the defendants recognize and reflect their occupational negligence, and the victim’s bereaved family members are insurance money of KRW 63 million according to the insurance contract to which the Defendant A joined.

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