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(영문) 대전지방법원 2015.06.10 2014노3917
교통사고처리특례법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment of Defendant A, 2 years of suspended execution, 1 year and 6 months of suspended execution, 2 years of suspended execution, and 10 million won of Defendant C Co., Ltd.) that the lower court sentenced to the Defendants is too unreasonable.

2. Determination

A. The Defendants, which are common to the Defendants, led to the confession of the instant crime and reflects their mistakes, and the victim’s bereaved family members paid KRW 100 million including bereaved family benefits and funeral expenses under the Industrial Accident Compensation Insurance Act, and agreed with the victim’s bereaved family members. The victim’s bereaved family members wanting to take the Defendant’s wife is favorable to the Defendants.

However, in the absence of Defendant A’s construction machinery operator, Defendant C was driven by Defendant C during the long-term period, and Defendant B was well aware of the aforementioned circumstances, and the victim was working without receiving safety equipment such as safety caps, and the occurrence of the instant accident is disadvantageous to the Defendants.

B. Individual sentencing grounds 1) The fact that Defendant A has no specific criminal power, other than a fine imposed once for a double-class crime, is favorable to the Defendant, but the fact that Defendant used to transport the weight above the lane in the vehicle that the Defendant did not specifically fix the weight and caused the death of the victim who was working in the vicinity of the Defendant. 2) The fact that Defendant B was the primary offender without any criminal power is unfavorable to the Defendant. The fact that Defendant B did not take measures to prevent danger under the Industrial Safety and Health Act, but did not take measures to prevent danger under the Industrial Safety and Health Act, that Defendant used the vehicle to A who did not receive a construction operator’s license, and that Defendant would have operated the company by the above methods for a long period of time.

3. Defendant C Co., Ltd.

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