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(영문) 춘천지방법원 2017.11.22 2017고정230
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of C's vehicles.

On October 13, 2016, the Defendant: (a) operated the said car at E’s house located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant: (b) operated the said car to load and unload the freight to E, and (c) performed the work of loading and unloading freight in the form of steel pipe ( approximately 6 meters in length, approximately 4.3 cm in diameter) 25 and 11 knife in the T-M freight vehicle.

At that time, the length of the cargo loading box was shorter than the length of the above pipeline, and the injured party was at least 3 parts below the upper part of the pipe which was fixed (fixed wire lines) so as to keep the pipe from a slope over the upper part of the driver's seat of the cargo and the edge part of the cargo loaded.

The Defendant, as a driver of a trucking vehicle, has a risk of harming the cargo vehicle, and thus, the steel pipe installed safety devices, such as installing a support unit to prevent the fastening of the aforementioned cargo onto the trucking vehicle from falling off the loaded goods. During three fixeds, the lower part of the three fixeds, first fastening the bottom and cutting the bottom into the bottom of the chain pipe, and then cutting off and unloading the upper part at the bottom of the chain pipe. Since the mash was listed on the loading of the cargo, there was a duty of care to safely operate the vehicle by informing the victim of the method of work and getting the victim out of the Working Group.

Nevertheless, the Defendant neglected to do so and did not take any device or measure to prevent escape during the loading and unloading of steel pipes, and operated the pipe clock at three sites below the uppermost with the victim without giving prior notice to the victim, and operated the pipe clock (a component or tool to enter a pipe) in the course of intending to enter the lower end of the steel pipe.

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