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(영문) 울산지방법원 2015.04.29 2015고단112

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

The Defendant is a director of C Co., Ltd., a electrical equipment construction company, and C was awarded contracts from D for the replacement of the former and the former and the former and the latter and the former and the latter.

On October 4, 2014, the Defendant, around 16:25, ordered the victim F (F, South and 49 years of age) to replace the electric circuit from No. 9 to No. 14, the electric distribution unit.

Since the above electric field room is in danger of electric shock, etc. with a flow of high voltage current, the defendant, as a field manager, has the duty of care to restrict access by installing safety fences, safety belts, etc. so that the electricity of other power distribution teams in the above electric field room is completely cut off in order to prevent electric shock, etc., or to prevent access by installing safety fences, safety belts, etc. in order to prevent the flow of electricity from approaching other distribution teams. The defendant, as a field manager, has the duty of care to require workers to wear life jackets, etc., a safety gear.

Nevertheless, the Defendant did not cut electricity from the entire distribution in the above electric field room and did not install a safety gate or safety belt to prevent access to the entire distribution, and by allowing workers to work without wearing an extended gate, etc., which is personal safety gear, the above F is written in 3,300V of the indictment, but it seems that it is erroneous.

The back door of the power distribution team No. 8 with the flow of high voltage current was opened and the electric current was reduced to high voltage current while working and caused the death in the site.

Accordingly, the Defendant neglected the above duty of care and caused the death of the victim F by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to G, H, I, and J;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 268 of the Criminal Act and the choice of punishment concerning the facts constituting an offense;

1. Circumstances of Article 62(1) of the Criminal Act of the suspended execution;