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(영문) 광주지방법원 순천지원 2013.11.27 2013고단1306
업무상과실치사등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

"2013 Highest 1306"

1. The Defendant caused occupational death and injury by occupational negligence is operating “F”, which is a cargo vehicle tank maintenance business in E in case of leisure.

The defendant has a duty of care to remove dangerous factors, such as oil vapor in a tank before work, and to prevent employees, etc. from proceeding in a tank with a legacy, because there is a risk of explosion due to inflammable gas or vapor in the tank when maintaining the tank of cargo vehicles.

At around 12:25 on March 24, 201, the Defendant: (a) performed the tank repair work of H 25 tons of cargo vehicles at the victim G (the age of 65) within the “F” repair center; (b) was negligent in the course of performing duties without taking any measures despite the employees I clearly aware that he/she is going to perform the work without removing testamentary vapor; (c) caused explosion by being taken by the victim I to the head of the victim G, who had tried to perform the work of the victim I on March 6, 2013, when he/she was taking advantage of the contact work for cutting the pipe pipe of the tank board, and thereby, caused the victim I to suffer from an explosion in need of approximately 16 weeks of treatment.

"2013 Highest 1943"

2. On October 3, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving on a sound driving) led the Defendant to drive a J Ecoo motor vehicle with a blood alcohol concentration of 0.208% under the influence of alcohol around 00:20 on October 3, 2013 and drive the front road of the Women's Cultural Center in the direction of the YY in the direction of the city of the Ordinance along the two-lanes from the distance of the Ordinance to the KF sports center.

In this case, the driver of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and properly manipulate the steering direction and the brake system to prevent the accident by accurately manipulating the steering direction and the brake system.

Nevertheless, there is a need to do so.

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