(영문) 광주지방법원 2018.11.08 2018고단2005

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.11.08 2018고단2005

교통사고처리특례법위반(치상)

Text

[Defendant A] Defendant A is punished by imprisonment without prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of FY 3 general dump vehicles; Defendant B was responsible for the safety management of on-site workers as a person who engages in an act of selling bump trees in the trade name of H in the Nam-gun G with the trade name of H. The victim I(78 tax) was a person in charge of growing trees in H from the first place to the first place.

It is an employee.

In addition, Defendant A, who is engaged in driving a motor vehicle, has a duty of care to take appropriate measures to prevent persons on board the motor vehicle from falling, and Defendant B had a duty of care to ensure that the vehicle can start after checking whether the workers on board the motor vehicle safely, and to manage the vehicle to prevent the workers on board the vehicle from getting on the vehicle so that the accident can be prevented.

Nevertheless, at around 16:50 on February 7, 2018, the Defendants moved the victims of trees to another place by burning them on the vehicle. Defendant A, at around 16:55 on the same day, was injured by the victim’s loading of the said dump vehicle, and the Defendant A proceeded with the dump truck without lowering the speed from the bend ju-gun J at around 16:55 on the same day. Defendant B knew that the victim was on board the said dump truck with knowledge of the fact that he was on board the said dump truck, without taking any measures against Defendant A or the victim, and caused the victim who was on board the dump truck due to the negligence that the damaged person was on board the said dump truck to fall into the road and faced with the head on the floor.

As a result, the Defendants jointly caused the injury to the victims of the above occupational and practical injury during the course of treatment of the number of days of treatment, such as unknown consciousness due to cerebral cerebrovassis.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Each police officer with respect to K and L.

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