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(영문) 인천지방법원 2018.11.15 2018고단5682
업무상과실치사
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the interest security guard of the parking manager of the building mechanical parking type building B in the Nam-gu Incheon Metropolitan City, and C is a person who has served as the manager of the above parking lot.

The parking lot of the above parking lot, which is a mechanical parking facility, has a space between the parking space in the parking facility and the wall on the left and right side, and the height of the parking facility is 35 cm and the width is 55 cm, and the parking facility has a floor of 11.6 cm in depth below, and the inside of the parking facility is not adequate, so the defendant who manages the above parking lot and the C have a space with the risk of falling in the parking facility, and at night, they have a duty of care to prevent accidents, such as the fall of the parking facility, by taking necessary measures, such as opening the entrance door of the parking facility, except for the public announcement to prevent drunk persons or her from entering and leaving the parking facility without permission, and by taking necessary measures, preventing accidents, such as the fall of the space in the parking facility.

Nevertheless, C did not take necessary measures such as having the Defendant, under his direction and supervision, open the entrance door of the above parking ground without taking any measures for the control of access during the time of his rest (from 22:00 to 06:00 on the following day) by opening the entrance door of the above parking ground, except for the vehicle entrance and exit notice, to prevent the general public from entering the above parking ground without permission during the closure hours.

On November 27, 2016, at around 03:22, the above occupational negligence, the Defendant and C did not discover the victim D(44) who was divingd by entering the parking facility inside the above parking zone on the same day from November 27, 2016, and caused the victim to fall into the floor by driving the equipment of the parking zone on around 03:41 on the same day.

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