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(영문) 서울서부지방법원 2018.05.31 2018노403
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) was taking due care to prevent pedestrian accidents, such as informing that construction works are being carried out in the vicinity of the instant site by installing a construction signboard; and (b) the Defendant.

Even if the defendant breached his duty of care, the victim suffered injury due to the above steel plate, unless he was exposed to CCTV, even if he was found to have been infected with the iron plate as stated in the facts charged of this case.

It cannot be said that the victim got alone after the accident of this case, and therefore, the victim suffered injury requiring medical treatment for 70 days as stated in the facts charged of this case.

It is also difficult to see it.

Nevertheless, the lower court erred by misapprehending the legal doctrine.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The following circumstances are revealed by the evidence duly adopted and examined at the lower court’s determination as to the assertion of factual mistake. The Defendant is a field manager at the construction site indicated in the facts charged in the instant case, namely, dump truck, etc., and at the time of the passage of dump truck, the Defendant arbitrarily installed a iron plate of approximately 4 meters wide, approximately 24 meters long, and approximately 20 meters thick on the instant alleyway so that the dump truck, etc. installed before the construction site, so that the dump truck cannot be damaged. However, the Defendant only installed only the construction display board that is known during the construction site at the front of the construction site, but did not install safety facilities necessary for traffic safety around the construction site, such as a guide sign or caution sign, dump, etc., leading to attention to the dump height. However, this is not directly videoed on the dump, which appears to be a victim of the instant accident due to the fact that the CCTV continues to be changed by the police board during the first time.

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