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(영문) 창원지방법원통영지원 2020.11.11 2020고단576

도로교통법위반(음주운전)등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 700,000 on July 23, 2009, and KRW 4 million on June 17, 2019, with a fine of KRW 4 million on July 23, 2009, in the Changwon District Court’s territorial branch.

【Criminal Facts, the Defendant, while under the influence of alcohol, driven Eco-sports cargo vehicles under the influence of alcohol without obtaining a driver’s license in the 14km section from around May 13, 2020 to about 0.187% of blood alcohol concentration at around the 14-km section of the Maamba-ri in the same Maamba-ri preservation area, even though there was a power of violating the provision on the prohibition of driving under the influence of alcohol.

Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a business owner who carries out “F” after being awarded a contract from Gyeongsung-gun, Chungcheongnam-gun, and Defendant A is a representative director of the Defendant Company and a director at the site of the above pest control projects, who is responsible for overall control over the safety and health of employees in the workplace.

1. Around 07:00 on February 6, 2020, Defendant A instructed nine workers belonging to the Defendant Company, including the victim H (ma, 47 years old), at the site of the above pest control project located in Jinsung-gun G, Jinnam-gun, to perform the work of cutting down, planting, collecting, removing, etc. of dead trees infected by the re-ray.

In the vicinity of the tree, there were other trees around the tree to be cut, so that the tree of the tree can walk on other trees without going beyond the ground.

In such cases, in order to prevent industrial accidents caused by bad working methods, etc. in handling heavy objects, the defendant, who is a person in charge of safety and health management, shall conduct a prior investigation into the relevant work and the topography, ground level, and ground level, etc. of the relevant work site, and take into account the results of the investigation, a work plan for handling heavy objects, including safety measures to prevent the collapse, narrowness, fall, electric power failure, and collapse risk.

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