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(영문) 대전지방법원 서산지원 2012.11.30 2012고정331
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who has been in charge of construction prevention of the Taean Military Administration in Taean-gun, Taean-gun, Taean-gun, Taean-gun and its affiliated public official in charge of maintenance and management of D neighboring Gun roads in the same military area.

The above Gun roads that the defendant maintained and managed as above are close to the front door of the Gun roads, and the passage of tourists by the front door of the Gun roads because there is no other delivery, and all paper tourists are passing by using the above Gun roads, so if the above Gun roads are not properly covered by concrete, etc., they may go to the waterway, and therefore, the defendant, who is engaged in the business of maintaining and managing the above Gun roads, has a duty of care to take measures such as checking and restoring the above Gun roads from time to time when there is an obstacle to threaten the safety of tourists and pedestrians or when there is an unclaimed section.

Nevertheless, the Defendant, as a public official in charge of the maintenance and management of the Gun roads, failed to take appropriate measures on October 2, 201 due to failure to ascertain that the number of the above Gun roads is not recovered by the above Gun roads, and thus, on October 2, 201, the Defendant, around 18:00, fell from the part where the victim E (the age of 61) is not opened by the above Gun roads, and the victim F (the age of 31), at around 21:20 on the same day, fell from the part where the victim E (the age of 61), coming back by the above Gun roads.

In this regard, the Defendant suffered injury to the victim E by occupational negligence, such as cutting down the right alley, which requires approximately 12 weeks of treatment, and suffered injury to the victim F, such as an unexplosion for about 4 weeks of treatment.

2. Determination

A. According to the records, it appears that the unclaimed portion of the number of roads adjacent to the accident scene was left unattended for a long time after the end of the accident after the end of the accident, and the Defendant works on the construction disaster prevention and road map from August 2009 to the Taean Military Administration.

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