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(영문) 대전지방법원 2014.08.20 2013고정2344
업무상과실치상
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates Seo-gu E Apartment 101 Dong 1303, Seo-gu, Daejeon, and is engaged in duties, such as driving Gsch Rex trucks.

On April 2, 2013, the Defendant, at the 48km point of the Honam Highway Line located in the Sungdong-dong of Daejeon Seosung-gu, Daejeon, carried out the work of fostering the HF truck into the ground of about 19 tons of weight by using the straw truck, along with the victim J (36 years of age) who drives IF truck in order to tow the IF truck at the 48km point.

Track truck's scrap is used to move hot gas by using fruit, and there is a risk of an accident due to the fall of the salvable goods when the fruit is cut during the salving work. Therefore, the defendant had a duty of care to prevent accidents in advance by regularly checking and replacing the fruit.

Nevertheless, the Defendant neglected management due to the failure to replace the above Gsch Rexroth truck at least once for about 10 years, and neglected management, caused the fruit to be cut off during the above Creshing work, and caused damage to the victim's crephere's crepherb (connection section of the Crecreck truck) that could not cope with the above Crephere's blue, etc. on board the said Creck, which was used in the future.

Ultimately, the Defendant suffered approximately two weeks of treatment due to the above occupational negligence from the victim’s elbow joints, etc.

Summary of Evidence

1. Each legal statement of the witness J, K and L;

1. Each police statement concerning J, K, and L;

1. A report on investigation (report accompanied by photographs) (18 pages of investigation records);

1. Of the appraisal results of March 19, 2014 by the National Science Investigation Institute, the part that shows the form of damage, such as the short line, mam, voltage, and the completion of the small line commonly used by the Defendant’s side in the front line of the vehicle.

1. Documents submitted by the Korea Highway Corporation;

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