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(영문) 부산지방법원 2016.12.22 2016고정3543

업무상과실일반교통방해

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Busan Jin-gu Co., Ltd., the corporation specialized in the removal of structures in Busan Jin-gu B.

DMoel, which is a removal site, is abutting on the middle road at the coast of the first line immediately adjacent to the sandy beach in Busan, and the front side of the road is located at the back of the backway, and the front side of the road is concentrated on both sides, and there is a large number of communication between the vehicle and tourists, and the defendant entered into a contract for removal construction with the DMoMoel owner in the amount of KRW 50 million and the construction on June 1, 2016.

At around 09:40 on June 11, 2016, the Defendant: (a) discovered the structure and condition of the removed building in Seo-gu, Busan; (b) checked the structure of the removed building in advance; (c) ordered Ha et al. to provide safety education in advance and provide detailed work instructions to work workers; and (d) in preparation for the case of the collapse of concrete of the telecomed building at the time of work and the fall into the sidewalk and the roadway, the string of safety facilities, such as residuess, etc., such as EGI fences, safety fences, and fallen-prevention net, etc., which should be installed in advance, and prevented the flow of the road by failing to perform the work due to the negligence in the course of duty, despite the fact that there was a duty of care to prevent the collapse of 5 tons from falling rocks, and caused the collapse of 5 tons to collapse, making it difficult to pass the road due to difficult for about 7 hours on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. Each police statement concerning J, K, and L;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 189 (2) and 185 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;