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(영문) 수원지방법원 2019.01.09 2018고단6158
교통사고처리특례법위반(치사)
Text

[Defendant A, B]

1. Defendant A shall be punished by imprisonment without prison labor for one year, and Defendant B by imprisonment without prison labor for eight months;

2. Provided, That this shall not apply.

Reasons

Punishment of the crime

Defendant

D is a corporation for the purpose of the construction business in the wife population G, which is located in the territory of the Republic of Korea, the business owner who was awarded a subcontract for the construction business in the area of “I” located in the wife population H at the time of G, and Defendant F is a corporation for the purpose of the construction business in the area of the wife population J at permissible time, and Defendant F is the business owner who was awarded a subcontract for the construction business in the area of “I” to Defendant D, who was awarded a contract for the construction business in the area of the above I.

Defendant

C is the actual representative director of Defendant D and the person in charge of safety and health management at the construction site of the above construction site who is responsible for the safety and health management of workers. Defendant E is the representative director of Defendant F and the person in charge of safety and health management at the construction site of the above construction site and is responsible for the overall responsibility for workers. Defendant B is the head of the construction site of the above construction site as employees of Defendant D, and Defendant A is the operator of construction machinery belonging to L Co., Ltd. who entered into a construction machinery lease contract with Defendant F and the victim M(57) is the employees of Defendant D.

1. Defendant A’s violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving of nbls, a construction machine.

At around 16:00 on April 18, 2018, the Defendant was under way to drive the construction machinery on the roads prior to the KGGGP, which is located in the wife population O, in the construction site.

In such cases, a person engaged in driving duties shall be responsible for the negligence of neglecting the duty of care on the left and right of the rear side to check whether there is a pedestrian or a vehicle driving on the left and right of the rear side, and shall be responsible for the external shock in the R Hospital located in the Yeongdeungpo-gu Q, Suwon-si, Suwon-si, Suwon-si, on the same day at least 16:47.

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