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(영문) 대전지방법원 2015.07.17 2014노2543
업무상과실치상
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The instant accident of mistake of facts was caused by a mistake that the J did not comply with the work instruction, and the Defendant did not cause a mistake that did not replace the fruit of the Bosch Rexroth Truck.

B. The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the Defendant runs F in Seo-gu, Seo-gu, Daejeon, 101 Dong 1303, and is a person engaged in duties, such as driving Gsch Rex trucks (hereinafter “Defendantsch Rexroth Truck”).

On April 2, 2013, the Defendant, at around 17:00 on April 17, 2013, carried out the work of fostering the Hk truck, which is located on the side at the 48km point of the Honam Highway Branch line located in the Daejeon Seodong, into the ground with the victim J (36 years of age) who drives the Ikk Truck (hereinafter “victim truck”) using each of his own clid truck with the stick of about 19 tons in weight on the above truck.

Track truck's scrap is used to move hot gas by using fruit, and there is a risk of an accident due to the fall of the salvable goods when the fruit is cut during the salving work. Therefore, the defendant had a duty of care to prevent accidents in advance by regularly checking and replacing the fruit.

Nevertheless, the Defendant neglected management due to the failure to replace the fruit of Defendant Bosch Rexroth Truck once every ten years, and neglected management, caused the fruit to be cut off during the above joint-day life work, and caused the damage of the victim's chere's chere's chere's chere's chere, which failed to cope with the above chere's weight, and caused the victim's bhere's bhere, which was on board the above chere to face with the adjustment of the chere, etc. of the victim on board the chere.

Ultimately, the Defendant’s occupational negligence provides approximately two weeks of treatment to the victim.

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