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(영문) 대전지방법원 홍성지원 2015.12.02 2015고단932

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 person engaged in safety management at the construction site as the site manager of D Sewerage Maintenance Project performed by C.

On June 16, 2015, from around 09:00 to around 16:00 of the following day, the Defendant had a construction work connecting household sewage and sewage pipes to the front road located in Chungcheong Hong-gun E.

In such cases, the defendant, who is engaged in safety management at the construction site, has been obliged to prevent accidents from being caused by the passage through the construction section, such as cutting off the excavated land after reclaiming sewage pipes, and then cutting off the road again, and taking measures to ensure that no fire is caused in the road again, and installing safety signs in the surrounding area and restricting the passage of the construction section.

Nevertheless, the Defendant, while entering the surrounding land of the Manlele, did not prevent the Manle from protruding on the ground and paid attention to it, installed a safety sign on June 20, 2015 by installing safety fences, etc. in the construction section, or caused the victim G (the aged 48) who gets a bicycle riding on the front part of the F on June 16:27, 2015.

Ultimately, at around August 15:20 on August 6, 2015, the Defendant caused the victim to die due to cerebral blood in the Red Medical Center located in 224, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, to death.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. One medical certificate of death and one starting system;

1. The schedule for the project;

1. On-site agents;

1. A certificate of employment;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Article 62 of the Criminal Act: