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(영문) 대전지방법원 2017.12.21 2017노1127
업무상과실치사등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment without prison labor for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the facts as follows, thereby adversely affecting the conclusion of the judgment.

1) The “road Safety Facilities Installation and Management Guidelines”, which are established by the Ministry of Land, Infrastructure and Transport, is a provision on safety measures for the users of completed roads, and is not a provision on safety measures for users, such as temporary connection roads arising from construction as in the instant case.

Even if the above provision also applies to temporary connection roads, etc. caused by construction, the place where the Defendants installed temporary concrete protection walls, which are the strong protective fence, is not a place where the connected point was set up, but a place where approximately 70 meters elapsed from the quarterly point, and if they enter the connected point properly, the place where concrete protective walls are installed is not a place where the risk of accidents is high.

However, the lower court erred in business by failing to install separate shocking facilities on the part of the beginning part of the concrete protection wall by the Defendants.

The recognition was recognized.

2) In light of the circumstances of the instant accident, there is a high possibility of the occurrence of the accident due to the fault of the victimized driver, etc., so there is no relation between the Defendants’ occupational negligence and the occurrence of the instant accident.

B. Each sentence of the lower court’s unfair sentencing (eight months for each credit cooperative) is too unreasonable.

2. Determination

A. 1) The lower court’s determination as to the assertion of mistake of facts is consistent with the “Road Safety Facilities Installation and Management Guidelines” and the “Road Traffic Management Guidelines for Road Sites” in both parts of the national land and sea areas, which are established by the evidence duly adopted and examined by the lower court. In other words, in order to extend the two lanes to three lanes, the point of the instant accident is one way out of the two lanes of the existing roads and one way remaining after the closure of the two lanes of the existing roads and one point after the end of the two lanes of the existing roads, which is the cargo base in the existing middle and middle part, to the end of the quarter between the two lanes of the road.

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