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(영문) 울산지방법원 2020.09.10 2020고단1153
교통사고처리특례법위반(치사)
Text

1. Defendant A shall be punished by imprisonment without prison labor for six months;

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant E, a corporation established for the purpose of waste disposal business, etc. in Ulsan-gun G, Ulsan-gun, Inc., Defendant E, the actual representative of Defendant E, and Defendant C, the team leader of the field pre-management of Defendant E.

Defendant

F Co., Ltd. is a legal entity established for the purpose of waste collection and transportation business in Nam-gu H and Ulsan District Office H and Ulsan District, etc., Defendant D is the representative director of Defendant F Co., Ltd., and Defendant A is a worker affiliated with F Co., Ltd. who drives K 24 tons of base trucks.

Defendant

On May 23, 2019, Co., Ltd. entered into a final contract for commercial waste treatment with Defendant FF Co., Ltd., and entered into a final subcontract for commercial waste treatment with the content that Defendant FF Co., Ltd. will transport and dispose of wastes discharged from its place of business.

1. On July 2, 2019, around 08:10 on July 2, 2019, Defendant A operated the click Truck at the waste separation workplace located in Ulsan-gun G, Ulsan-gun, which led to the progress of the operation of the click truck at the entrance of the waste separation workplace. The victim L (the age of 43) who is an employee of the company E (the age of 43) was working on the rear side of the above vehicle.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to confirm whether other workers, including the victim, work before, after checking the right and the right and the right of the vehicle, and to accurately operate the steering direction and the brake system.

Nevertheless, without properly checking the back side, the Defendant served the victim who was working with the left rear wheels of the above rocks truck.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence, i.e., the severe damage from the stone.

2. Defendant B, Defendant B.

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