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(영문) 전주지방법원 2014.01.17 2013노857
업무상과실치사등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant did not have the authority to decide whether to place the supervisor or the leader at the workplace of this case, the defendant did not have the authority to decide whether to place the supervisor or the leader at the workplace of this case, the driver of the shop of this case was carrying two parts of the driver of the shop of this case, but the driver of the shop of this case was moving to the future, and therefore, it does not go through the view of the fact that C did not regard the victim who entered the vehicle of this case, and the driver of the vehicle of this case and the driver of the vehicle of this case was dead as the result of the citizen's death toward the wall, the defendant did not have the possibility of predicting the death of the victim, and even though there was no causal relationship between the defendant's violation of the Occupational Safety and Health Act and the death of the victim,

B. In light of the overall conditions of sentencing on the sentencing, the lower court’s sentence of KRW 2,00,000 (fine 2,000) is too unreasonable.

2. Determination on the grounds for appeal

A. The judgment of the court below 1 on the assertion of mistake of facts or misapprehension of legal principles is based on the evidence duly adopted and investigated by the court below, i.e., the defendant, as a person in charge of safety and health management of workers, has occupational duty of care to secure a driver's view and assign work assistants to induce a vehicle when he loads the cargo by using the train, etc., ② the defendant, as a person in charge of management of safety and health management of workers, neglected to allow C, a driver of the vehicle at the time of the instant case, to drive the vehicle at the night, due to his failure to place a work leader at the time of the instant case, and ③ the victim operated the vehicle without confirming the removal of the scrap work between the victim and the notice, resulting in the victim's death.

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