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(영문) 전주지방법원 군산지원 2014.01.15 2013고단707
업무상과실치사
Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the transportation business team of the E Transport Company to which the victim D(53 years old) belongs, and the defendant B is the person who is engaged in the operation of the company for which the victim D(53 years old) is engaged in F.

Defendant

A around 16:30 on November 15, 2012, around 16:16:30, at the upper part of the (ju) liquid raw materials in the Sinsan City G, contacted that the victim was used in the tank crost while carrying out the operation of cutting liquid raw materials on the tank crost vehicle, and arrived at the upper part of the above liquid raw materials, and the victim on the tank crost in order to move the victim on the tank crost to the floor, and arrived at the upper part of the above liquid raw materials.

At this time, Defendant A, who is going on the top of the tank cromatic vehicle, sent a signal so that the vehicle that Defendant B operates is connected to the back of the tank cromatic part, and Defendant B, according to Defendant A’s receipt, applied the body cromatic part of the tank cromatic part.

In such a case, Defendant A has a duty of care to ensure that Defendant B has an accurate signal, and that Defendant B has a duty of care to carefully look at Defendant A’s signal and not to shock the victim on the day.

Nevertheless, Defendant A's negligence that did not accurately understand the signal, Defendant B did not closely navigate the surrounding area, and the victim's clothes who got under the influence of Defendant B's operation.

Ultimately, around 00:29 on November 16, 2012, the Defendants’ aforementioned occupational negligence caused the death of victims who were receiving medical treatment at the Mana-ro 895 Kugwon University’s medical center at the hospital and emergency medical center at the Dansan-si.

Summary of Evidence

1. Defendants’ respective legal statements

1. The legal statement of the witness H and I;

1. Statement of the police statement to J;

1. A death certificate;

1. The application of Acts and subordinate statutes, such as clothes, carcasses, photographs, etc., requests for appraisal, and reports on the results of autopsy;

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