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(영문) 의정부지방법원 고양지원 2018.03.16 2018고단86
교통사고처리특례법위반(치사)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving of 3.5t-Ma in driving vehicles.

On November 20, 2017, the Defendant: (a) driven the above vehicle at around 15:27, while leaving the business site within the “D Company (State)” located in the Gyeonggi-si (hereinafter “D Company”) to the gas filling station from the entrance to the gas filling station; (b) however, the Defendant received the victim E’s head part on the left side of the said truck from the left side of the said truck due to occupational negligence when driving the vehicle without due diligence.

Ultimately, the Defendant caused the victim’s death by the above negligence on the ground of two complexs and complexs at the site.

2. The Defendant violated the Industrial Safety and Health Act as the representative director of the “D Co., Ltd.”, a company such as the production and sale of industrial gas supply devices in F in Gyeonggi-si, and is the person in charge of safety and health management for workers belonging to the said company.

A business owner shall take measures necessary for the prevention of hazards caused by improper work methods, etc. in excavating, quarrying, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work.

In this regard, in order to prevent any danger to workers, a business owner shall conduct a prior investigation into the relevant work and the relevant place of work on the topographical, ground, and strata in order to keep records and preserve the results of such investigation, shall prepare a work plan in consideration of the results of the investigation, and shall maintain a safe passage to be used by a person who works in the workplace or in the place of work within the workplace, and shall maintain the safe passage to be used by the person who works in the workplace at the place or in the workplace at all times, and when the work is performed by using the loading, unloading, transportation, loading and unloading machinery, etc., the person who is in contact with the cargo that is being unloaded or transported,

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