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(영문) 대전지방법원 천안지원 2015.06.23 2015고단580

업무상과실치사등

Text

Defendant shall be punished by imprisonment without prison labor for 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

On October 26, 2014, the Defendant: (a) around 16:30 on October 26, 2014, the Defendant: (b) had the victims harvest c and the victim D with the method of manipulating csckes installed in Ack truck in Ackin B; and (c) had the victims harvest ckes.

In such cases, as a clers, there is a duty of care to prevent accidents in advance due to fall, such as: (a) no person is aboard the clers installed in the clers as above; and (b) there is a risk of a human life accident due to falling even if a person is on board, so it is necessary to keep the fixed pins on the connected parts of the clers and the clers from spreading; and (c) allow passengers to wear safety caps and safety belts, etc.

Nevertheless, the defendant neglected the above duty of care and did not get the victims to board the booms and booms, and did not get the victims to wear safety booms and safety booms at all, while neglecting the above duty of care. As a result, as a result, the fixed pins on the part of the connection of the said clers and booms, the victims who were in the busket fall down on the ground away from the buset.

Accordingly, the Defendant had the victim D(the age of 46) suffered injuries, such as cage cages, which require approximately six weeks of medical treatment, and caused the victim C (the age of 47) to die in the emergency room of the F Hospital E located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnamnam-si, and the victim C (the age of 47) to die in the cage cages, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Situation report;

1. A death certificate, on-site, and body photo;

1. Application of Acts and subordinate statutes to report internal investigation (related to the submission of medical certificates D);

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

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

1. Selection of penalty;