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(영문) 청주지방법원 2019.08.22 2019고단886
교통사고처리특례법위반(치상)등
Text

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

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B From January 2004 to December 2, 2018, a person who operated a waste collection and transportation company with the trade name “C” is the owner of D treatment 24 tons or more of freight vehicles, which are commercial vehicles, and the Defendant A is the driver belonging to the “C” and engaged in livestock excreta transportation by driving the said freight vehicle. Livestock excreta is likely to cause multiple traffic accidents in the event it flows on the road due to a large amount of hydrogen and slurbing, which is used for transporting livestock excreta on the road. As such, the Defendants had a duty of care to safely manage the said freight vehicle as a joint manager of the loading box used for transporting livestock excreta, and to safely manage livestock excreta to prevent livestock excreta from being flown.

Nevertheless, the Defendants neglected to purchase cargo loaded around 2010 and neglected to manage the safety inspection, etc. of the loaded cargo loaded for about eight years, while using it for about eight years, and the Defendants did not take any particular measures following the Defendants, even though Defendant A demanded replacement on several occasions, while loading livestock excreta to be loaded in another loading around August 2018.

Defendant

A, around 19:50 on September 8, 2018, the driver of the above cargo vehicle was driving in order to proceed with the roads adjacent to the public-private partnership road located in the public-private partnership city in the original city.

At this point, the left-hand exclusive road of two lanes. Defendant A had a duty of care to safely drive a vehicle so as to avoid falling off the freight of the vehicle while driving the vehicle, by carrying about 17 tons of livestock excreta, which is easy to flow out in loading after the cargo loaded. In such a case, Defendant A had a duty of care to safely drive the vehicle so as to avoid falling off the freight of the vehicle, such as taking necessary measures to prevent livestock excreta from flowing out while on board the vehicle.

Nevertheless, there is a need to do so.

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