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(영문) 창원지방법원 2020.02.05 2019노2486
업무상과실치상등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (six months of imprisonment) against Defendant A (unfairly unfair) is too unreasonable.

B. The work of unloading alcoholic beverages carried by Defendant Limited Partnership Company B (hereinafter “Defendant Company”) with an erroneous vehicle is not the duty of the victim, but the duty of the Defendant Company or A. Therefore, it cannot be deemed that A driven a motor vehicle in connection with the Defendant Company’s business. 2) The lower court’s sentence against the Defendant of unfair sentencing (a fine of five million won) is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts by the defendant company, Gap had a construction operator who was in charge of warehouse management, etc. at the defendant company, and had He had a construction operator who was able to operate the plaintiff's company only once a year. H provided safety education to the employees of the defendant company on the operation of the plaintiff's company, and the representative of the defendant company was aware that he had been in charge of operating the plaintiff's company for the plaintiff's operation (Evidence Nos. 33, 34, 137, 138) and that Eul had been driving the plaintiff's vehicle in the defendant company's warehouse in order to assist the plaintiff's transportation of alcoholic beverages to the defendant company's warehouse at the time of the case.

Defendant

Although the company asserts that A's work is irrelevant to the defendant company's business, in light of the above facts, A's driving of the defendant company as part of the business, such as warehouse management, etc., it can be deemed that A was engaged in the discharge of alcohol in the victim's vehicle.

Therefore, around 08:00 on March 5, 2018, "A, an employee of the defendant company, operated a vehicle without obtaining a construction operator's license for the business of the defendant company within the warehouse of the defendant company."

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