logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.10.24 2013고단1187
업무상과실치상
Text

The prosecution of this case is dismissed.

Reasons

1. On November 23, 2012, the Defendant: (a) around 05:30 on November 23, 2012, the Defendant driven the E-car from the Cargo Vice Commissioner in the “D” located in the Ma in the Ma in the Masung City, and carried out the work of transporting the e-car.

A person engaged in the operation of the train has a duty of care to prevent accidents in advance by driving safely after checking whether there are other workers within the working group.

Nevertheless, the Defendant, while neglecting the duty of care in the front and the rear bank, caused the victim F (the age of 49) to fall into the ground floor and caused the victim to suffer approximately four weeks of luminous bones, boness and felites in need of medical care.

2. According to the Act on Special Cases Concerning the Settlement of Traffic Accidents, where a driver of a vehicle commits a crime under Article 268 of the Criminal Act due to a traffic accident (excluding the proviso of Article 3(2)), i.e., a vehicle causing a traffic accident is covered by insurance or mutual aid under Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Article 3(2) and Article 4(1)); on the other hand, the term "vehicles" means the vehicle under Article 2 subparag. 17(a) of the Road Traffic Act and construction machinery under Article 2(1)1 of the Construction Machinery Management Act (Article 2 subparag. 1); Article 2(1)1 of the Construction Machinery Management Act; Article 2 and [Attachment Table 1]4 of the Enforcement Decree of the same Act.

According to the registration certificate of construction machinery attached to the records of this case, the holding of this case constitutes construction machinery under Article 2 (1) 1 of the Construction Machinery Management Act and Article 2 and [Attachment 1] 4 of the Enforcement Decree of the Construction Machinery Management Act. Thus, the holding of this case has been done.

arrow