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(영문) 대전지방법원 홍성지원 2019.01.09 2018고단96
업무상과실치상
Text

Defendants are not guilty.

Reasons

Defendant B is a person in charge of the safety management of the above rice processing plant as a factory of rice processing plant “D” in Chungcheongnam-nam Budget-gun C, and Defendant A is a person who has worked for work in the above rice processing plant.

1. At around 16:00 on October 14, 2016, Defendant A was engaged in the work of transporting rice in the above rice processing site by using a 1,000 metric tons.

In such cases, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle by taking into account its surrounding condition well.

Nevertheless, the Defendant neglected to do so and caused injury to the victim, such as a thring of the right leg that needs to be treated for about 8 weeks, on the ground that the Defendant got the victim E (the age of 69) who was in the vicinity of the vehicle due to the negligence of driving the vehicle, even though the view of the front part of the vehicle was not secured due to the ton of the previous part of the vehicle, and caused the victim to go beyond the direction of the victim E (the age of 69).

2. Defendant B, at the above date and place, had the above Party A move to warehouse a ton of the two lanes.

In such cases, a person responsible for the safety management of a place of business shall take measures necessary to prevent any danger caused by equipment, such as fork trucks, and shall have a person with a construction machinery supervisor's license drive the vehicle, and have a duty of care to prevent accidents in the place of business in advance, such as allocating signal numbers at the time of operating the vehicle fork.

Nevertheless, the defendant neglected this and let the above A drive the vehicle without a construction machinery supervisor's license, and did not take measures to prevent accidents, such as assigning signal numbers to the above A's driver's vehicle, and the above driver's vehicle is under the victim's right bridge.

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