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(영문) 의정부지방법원 2019.11.27 2019고단2619

업무상과실치사등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in landscaping and building business under the trade name B.

On November 6, 2018, the Defendant had the victim D(50 years of age), workers, and E continue the work of charging reinforced glass to the cargo vehicle in the reinforcement glass station located in Sacheon-si B located in Sacheon-si C, 2018.

In handling these heavy objects, a business owner shall prepare a work plan containing measures, etc. to prevent danger to workers in order to prevent the danger of workers, and shall have him/her work in accordance with such plan, and shall take necessary measures, such as carrying the freight onto the freight in order to prevent the collapse or falling of the freight when loading the freight on the rolling stock, loading, unloading, transportation, machinery, etc.

Nevertheless, without taking such measures, the Defendant violated the measures under the Occupational Safety and Health Act, which directed the victim to load 1 ton of oil (1,350m, 1,800m, 20m, 60.75m, 60.75m, 60.75m) without taking such measures, and caused the victim to cover the victim by covering the 8th strengthened glass in the future where the 12 strengthened glass was adjusted at the intervals of cargo loaded on the cargo.

8. At around 13:51, G Hospital located in F of the Government-si, G Hospital located in F of the Government-si, resulting in the death of multiple organ organs, multiple external wounds, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement of E;

1. A report on the occurrence of a disaster;

1. On-site reports on results of field identification;

1. Application of statutes governing disaster investigation reports;

1. Relevant Articles 66-2, 23 (2) and 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations based on the sentencing criteria, the negligent crime group, and the type of the four.