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(영문) 전주지방법원 2018.03.08 2017고단1981
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

The defendant is a person who is growing a brub in a dry field of approximately 2,000 square meters in Jeonju-gun C.

On July 6, 2017, around 13:50, the Defendant parked D sealed and frozen tower freight vehicles on the road located in North-gun, U.S. Island, and loaded harvested Blus on the said cargo vehicle.

At that time, there was a situation in which rainwater and soil flows into the lower-water surface, and the vehicular road parked the vehicle has a risk of getting out and proceeding under the lower slope if the load of the vehicle increases by a light flag of about 10.1 degrees, so the Defendant had a duty of care to prevent any accidents that may occur in the vicinity of the vehicle by properly locking the balk with the balke so that the vehicle can not be salped, and by taking measures to prevent any accidents that may occur in advance, after installing a balp to the wheels of the vehicle.

Nevertheless, the Defendant neglected to do so, without being able to set up a buck with the largest string of the front wheel of the vehicle, and 1 knife only one knife part of the front wheel of the vehicle, and 8 knife the nife of the vehicle increased while carrying eight knife onto the nife of the nife of the vehicle.

In the end, the above defendant's negligence covered the victim E (the 75 years old) who was trying to get on the top of the steering line of the vehicle on the right side of the vehicle, leading the victim's right body and the wheel of the bridge to the front of the wheel of the vehicle, and led to the death of the vehicle due to a long-term damage to the right side of the vehicle during transmission to the hospital on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Reports on internal accidents and reports on the occurrence of accidents;

1. Application of Acts and subordinate statutes to a death diagnosis report, on-site identification report, each photograph, field map of accident, response to a request for appraisal, and a traffic accident analysis appraisal report;

1. Relevant provisions of the Act concerning facts constituting an offense;

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