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(영문) 의정부지방법원 고양지원 2018.07.13 2018고단1246
업무상과실치상등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2008, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving) in the Goyang Branch of the District Court of the Jung-gu District Court on October 23, 2008. On March 3, 2014, the Defendant was issued a summary order of two million won due to the same offense in the same court.

Although the Defendant had been driving force twice or more as above, on March 10, 2018, the Defendant driven the Epoter II cargo vehicle with approximately 1k alcohol concentration of about 0.137% under the influence of alcohol from the 1k section to the front of the “D” store located in Seoyang-gu Seoul Metropolitan City, Seoyang-gu, Seoul, to the same city from the roads adjacent to Seoyang-gu B around March 10, 2018.

2. The Defendant, while driving under drinking alcohol as above, parked the above freight on the road in front of the “D” store located in Ilyang-dong, Yongsan-gu, U.S., Ilyang-gu, Seoul for his own sake, as stated in paragraph 1, due to the difficulty of the Defendant, while driving under influence of alcohol.

Since there is a danger that a parked cargo vehicle will be cut down later, there was a duty of care to prevent the cargo vehicle from getting off in advance due to the fact that in such a case, a person engaged in driving business has a duty of care to prevent the cargo vehicle from getting off by inserting a handlight, completely carrying a parking boom, leaving the motor vehicle in a low boom, leaving the back wheel of the cargo vehicle, leaving the back wheel of the cargo vehicle, keeping the cargo vehicle in a low boom, and preventing the water blick from getting off.

Nevertheless, the Defendant did not take any measure against the rear wheels of the cargo vehicle without parking balk, and took part in the part of the Defendant’s cargo vehicle in front of the Victim F (F, 54 years old), which was parked in the afterward, with the body behind the sub-vehicle, so that the Defendant unfolded the body in the cargo vehicle by cutting down the hand balk, which was loaded in the lower end of the cargo vehicle, and received the front part of the Defendant’s cargo vehicle in front of the Victim F (F, 54 years old), which was parked in the afterward.

Ultimately, the Defendant’s occupational negligence to the Victim F, which requires approximately two weeks’ medical treatment of the victim F, and to the victim H (W, 58 years old) who is a passenger of rocketing passenger car, for about two weeks.

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