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(영문) 대전지방법원 2017.06.15 2016고단4695
업무상과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who is engaged in the transportation of goods by driving 3.5 tons of a vehicle in charge.

On October 8, 2016, the Defendant driven, and transported control, etc., in a storage store for products of the E Daejeon Factory in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu (hereinafter “instant shop”).

Since the place is indoors and truck drivers are engaged in the act of arranging products for the vehicle, in such a case, the driver of the vehicle has a duty of care to maintain the speed of restriction to the person engaged in the driving of the vehicle, thoroughly string the vehicle, to load the goods at a level lower than the snow height, and to prevent accidents by taking safety measures such as driving the vehicle behind or posting the guide when the goods loaded are visible.

Nevertheless, the Defendant was negligent in operating the instant vehicle by neglecting it, and did not discover the Victim F, which is a truck driver, who was in the process of product maintenance work, ( South and 40 years old). The Defendant shocked the victim’s left part of the instant vessel with plastic string loaded on the instant Poke.

The Defendant, by these occupational negligence, suffered damage to the neighboring land, Gun and other surrounding land and power lines after the side of the bridge, which requires about 10 weeks medical treatment for the victim.

2. The traffic accident under the Act on Special Cases Concerning the Settlement of Traffic Accidents is not applicable only to the traffic accident occurred on the road provided by the Road Traffic Act, and is applied only to all cases where the traffic accident occurred on the road (see Supreme Court Decision 96Do1848 delivered on October 25, 1996, etc.). According to the Act on Special Cases Concerning the Settlement of Traffic Accidents, the driver of a vehicle commits the crime of Article 268 of the Criminal Act (excluding the proviso of Article 3(2) of the same Act) in the case where the driver of a vehicle commits the crime of occupational injury or injury due to the traffic accident (excluding the case where the driver of a vehicle commits the crime of causing the bodily injury

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