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(영문) 의정부지방법원 2018.04.19 2017고정1702
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The facts charged No. B is a pocles engineer belonging to C, and the Defendant is a person engaged in landscaping business, such as growing and selling DNA trees.

B and the defendant around 10:00 on December 25, 2016, at a landscape farm managed by the defendant in Yangju-si, the defendant combines trees with poras by using rop, and B, using pocles, performed the work of carrying trees that the defendant combines into cargo.

In such cases, there are workers working around the time, and in order to ensure that the person fixing the street does not fall from the trees, and the driver of the click has a duty of care to safely lose the freight vehicle with higher trees than the loading box of the freight vehicle.

Nevertheless, the defendant and B neglected this and covered the body of the victim F(53) who was working in the neighborhood by cutting off the trees which had already been loaded in the cargo vehicle and the trees facing the above trees into the ground floor.

As a result, the Defendant and B conspiredd with the above victim by occupational negligence, and thereby, they suffered from the pressures of approximately 12 times 2 Madle and Madle 1, 3 Madles.

2. Determination

A. According to the evidence duly adopted and examined by the court, ① at the time of the instant case, the Defendant was bound by one log on the side of the roots of the tree and the pole, and the Defendant was fluored one on the top of the pole, and the article B, the Defendant was carrying the trees fluored by the Defendant on the cargo vehicle, and ② the victim and G carried the trees fluoring on the cargo vehicle above the cargo vehicle. At the time of the instant case, there was an accident where the victim was an accident where the trees fluored by B while fluoring the trees fluored by B while fluoring on the part of the Defendant. (hereinafter “the instant accident”).

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