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(영문) 대구지방법원 2017.01.06 2016고단3648
업무상과실치상
Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment without prison labor for four months, respectively.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Punishment of the crime

Defendant

B The person in charge of the management of the cargo and the cargo of the E Co., Ltd. (hereinafter referred to as “E”) located in Yongcheon-si D, and the Defendant A is a person engaged in the driving of the vehicle he had in E.

Defendant

B around June 15, 2016, around 09:20, at the E’s workplace, caused Defendant A to perform the loading and unloading work of Bodozers, which is 20 m20cm in height and 450 mg in weight, loaded on F truck by using the truck.

In such cases, a person who manages the loading and unloading of goods using the vehicle has a duty of care to have the commander of the work command the work or designate a person who leads the work, to prevent contact with the latter or the latter.

In addition, since a person who is engaged in loading and unloading of goods using the foreel vehicle is likely to cause danger to people due to the fall of the goods, there was a duty of care to fix the goods with the string and prevent people from accessing the goods.

However, the Defendants, while neglecting the above duty of care, she was faced with the body of the victim G ( South, 57 years old) who was around that she had come to fall due to the negligence of performing work and without fixing it above.

The Defendants jointly and negligently caused the victim to suffer bodily injury, such as spinal pellete, which requires approximately eight weeks of medical treatment by negligence on the part of the Defendants.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of a witness A and H;

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement of the police statement related to G;

1. Investigation report (related to attachment of a medical certificate), medical certificate, investigation report (related to attachment of field CCTV images and photographs), on-site photographs at the time of the accident, investigation report (in addition to field photographs, etc.), on-site photographs, organizational maps, plans for safe operation forkeeps, health education for safety and health, and lease contract;

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