(영문) 수원지방법원 2018.11.01 2018노3590 | 리걸엔진

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(영문) 수원지방법원 2018.11.01 2018노3590

업무상과실치사

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

Defendant.

Reasons

The summary of the grounds for appeal is recognized as a breach of duty of care in light of the fact that the defendant had a different from the ordinary use of the vehicle that the defendant was to load and unload cargo, and that the defendant had been engaged in continuous work in the same way, despite the fact that the last part of the accident immediately before the accident of this case had already been lost.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Judgment

Facts of recognition

The following facts are acknowledged according to the evidence duly admitted and investigated by the court below.

On June 11, 2016, the victim received a subcontract for electrical construction from A, which was awarded a contract for the new construction of D ground detached housing, from the Siri-si, and carried out the work of installing the contact manle (limited to 70cm in width, 120cm in length, 76cm in height, 66cm in weight, 610km in weight, hereinafter referred to as “ Manle”) on the ground to reclaim electric wires.

A left the Defendant, who was the driver of the next day, in order to reclaim the Manle in the earth, by making the Defendant a part of KRW 50,00 per hour, and by making the Defendant a part of the manle, left the underground. The Defendant and the victim, as follows, carried out the work of making the handle by connecting the hacks to the end of the poke, and moving the manle into the earth after moving by using the string.

At the time, the defendant was living away from the ground, and the defendant and the victim first moved a small tide to the designated location, and then again moved a large amount of lighting. While moving a large tide, the victim was killed due to second damage due to the head of the victim who was guiding the location of the manle in the surrounding area.

Judgment

The following facts are revealed through the evidence revealed earlier.

유사 판례

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