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(영문) 춘천지방법원 2018.02.07 2017고단1136
교통사고처리특례법위반(치사)등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

[Defendant B] The defendant shall be punished by a fine of KRW 1,500,000.

Reasons

Punishment of the crime

Defendant

A is a foreign worker of the nationality of Thailand who entered the Republic of Korea on September 16, 2017, and Defendant B is an employee of the dry field farm owner and human resources office of the Sile field farm owner, and Defendant A is an employer of Defendant A.

1. Defendant A

A. On November 3, 2017, the Defendant was driving approximately 3.17 km from the Do in front of the office of “E” located in Gangwon-gu, Yangyang-gun, Yangwon-gun, to the starting field of the city located in the Hanwon-gun F of Gangwon-gu, Yangwon-gun, the Defendant violated the Road Traffic Act (unlicensed driving) on November 3, 2017.

B. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) committed a parking of the said car in the reed field of a salwing field, which is located in the Hanwon-gun F, Yangwon-gun on the same day.

The indictment was written to the effect that the Defendant A had a duty of care to take measures to prevent a vehicle from driving, such as fixing a block, etc., while the vehicle was a slope at the time, the driver of the vehicle was stated in the indictment that the Defendant A had a duty of care to pay “the air-speed change device in the block (e.g.)” but the vehicle involved in the accident did not have a “blick” in the motor vehicle due to a manual, so the content of the duty of care should be modified as above.

Nevertheless, the Defendant neglected this and displayed the key of the vehicle without fixing a buck, and caused the said wing vehicle to shock the victim H(H, n, 63 years old) of Chinese nationality, which is a part of the said wing vehicle, in the front seat of the said wing vehicle, while two persons loaded the said wing vehicle, on board the said wing vehicle, while keeping the said wing vehicle on board the said wing vehicle, the Defendant neglected it, thereby falling up with the victim’s wing (H, n, and 63 years old) going on the front seat of the said wing vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the aforementioned 10:31 on the same day from the Hancheon Hospital at the Hancheon University.

2. Defendant B: (a) around 06:00 on November 3, 2017, Defendant B.

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