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(영문) 서울남부지방법원 2016.04.28 2016고단889
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Criminal facts

around 16:00 on January 27, 2016, the Defendant: (a) parked a vehicle for the C’s alternative ship operated by himself on the road near Gangseo-gu Seoul Metropolitan Government; and (b) moved the delivery goods that are difficult to take out, and discovered the goods.

In this case, a driver who has parked a vehicle has a duty of care to prevent the accident caused by the narrowness of the vehicle by making sure safety measures such as cutting the parking bring, driving the device for preventing the wheel part in the wheels, etc. so that the parked vehicle does not get fast due to the slope of the road surface.

Nevertheless, the Defendant: (a) was negligent in the course of business in which the vehicle was parked without properly taking safety measures, such as stopping the vehicle in a state where the speed of the vehicle was cut off and the speed of the change was used; (b) caused the victim D (W, 74 years old) and the victim E (W, 73 years old) to shock the parts of the body of the victim D (W, 73 years old) and the victim E (W, she loaded the vehicle; (c) thereby causing the victim D to die with the tension with the tension with the tension caused by cutting off the tension that occurred during the transport of the vehicle to the hospital; and (d) caused the victim E to suffer injury, such as cutting the fluor of the left-hand pelle that needs to be treated for approximately 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A fact-finding survey report and a statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to medical certificates, autopsy records, and autopsy records;

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Code of the Social Service Order results in the defendant's occupational negligence resulting in his death.

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