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(영문) 대구지방법원 서부지원 2013.04.26 2013고단301

업무상과실치사

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a staff member of the Daegu-gun B Co., Ltd. who is engaged in C 13.2 tons of operations of the digging season.

At around 15:30 on February 2, 2013, the Defendant: (a) adjusted the above abundance season at a dispute resolution zone B; and (b) transferred large booms containing waste plastics by using the boom boom end.

In such cases, the defendant, who is engaged in the operation of the excavating machine, has a duty of care to prevent accidents in advance by safely operating the aircraft, such as checking whether there is another work worker within the turning radius of the excavating machine with a signal signal number and checking whether there is another work worker.

Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 50) who was cleaning within the boundary of the refrigerator while working without a signal number, and did not discover the victim D (the age of 50) and sent the refrigerer as it is, and caused the victim's body in the refrigerer upper part of the refrigerer and the upper part of the refrigerator, and caused the victim's body to be friger between the upper part of the refrigerer and the lower part of the refrigerer.

Ultimately, the Defendant caused the death of the victim at the E Hospital around 16:39 on the same day, such as a cage cage fage, fage, etc., of the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Each photograph;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Suspension of execution shall be decided as per the disposition on the grounds of not less than Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions);