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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant ordered the victim to open only the left door of the loading box on the cargo, the Defendant not only opened a door on both sides of the loading box and work on the right side of the cargo vehicle, but also did not work on the loading and unloading of the cargo vehicle in the office at the time of the occurrence of the accident, and thus, the injury of the victim cannot be deemed to have been caused by
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment without prison labor, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.
2. Determination
A. On February 5, 2013, the Defendant is a person engaged in the business of operating and supervising the overall field of business at the factory E (hereinafter “instant company”) located in Kimhae-si, the head of the division in the factory E (hereinafter “instant company”). On February 5, 2013, the Defendant, at the end of the factory of the instant company, was carrying out lending and borrowing (1.9m in height, 1.5m in height, 1.5m in width, 1.0m in width, and 240km in weight, around 14:40m in loading F cargo while driving the electric vehicle at the factory of the instant company.
At the time, the cargo vehicle was parked in a slope, and there was a possibility that the cargo vehicle may fall into the cargo loaded by the shock that occurred in the course of work because there was no brake device in the lending and borrowing. In such a case, there was a duty of care to prevent safety accidents from entering the workplace by taking necessary measures against those engaged in driving business to prevent borrowing and lending from falling off until completion of work.
Nevertheless, the defendant is a cargo driver who has neglected to transport the lending and borrowing while leaving the site without any measure, and has been negligent at the right side of the cargo loaded at the time, such as the cargo vehicle, and has covered the loading.