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(영문) 광주지방법원 2017.01.20 2016고단4125
업무상과실치사
Text

Defendant

A A In the period of 10 months, Defendant B shall be punished by a fine of 3 million won, Defendant C shall be punished by a fine of 2 million won.

Reasons

Punishment of the crime

Defendant

C is a corporation established for the purpose of mid-term leasing business and contracted with the transportation business of automobile parts from E.

Defendant

B The actual operator of a corporation C is a person in charge of safety and health management who controls the safety and health of its employees.

Defendant

E Co., Ltd. is a corporation established for the purpose of manufacturing motor vehicle parts, etc., and Defendant D is the head of the factory of Gwangju Factory, and is the person in charge of safety and health management who comprehensively manages matters concerning safety and health of its employees.

Defendant

A is a driver of the fore-board vehicle belonging to C.

1. Defendant A is a person engaged in driving service for the owner in Gwangju Factory located in Gwangju Mine-gu G.

On October 5, 2015, the Defendant, around 15:10 on October 5, 2015, loaded and transported automobile parts produced in the above plant.

At this point, there is no exclusive road for the safety passage used by the employee. In such a case, the person engaged in the driver's service has a duty of care to prevent accidents by safely driving the right and the right at the front and the right in the state of red re-inspection so that cargo does not need to be visible.

Nevertheless, the Defendant neglected this and driven the Defendant’s occupational negligence in the course of driving the Defendant as it was, and did not discover the victim H(34) that was previously driven by the Defendant, and received the victim as the front part of the driver’s vehicle, and caused the victim’s death due to damage to the second part of the engine’s left side.

2. Defendant B’s business owner shall load cargo in a manner that does not leave drivers’ view in the event that the cargo is loaded on the loading, unloading, transportation, machinery, etc. of the vehicle.

Nevertheless, the defendant is above.

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