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(영문) 춘천지방법원 속초지원 2019.01.16 2018고정13

업무상과실치상

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who, from October 14, 2014, worked at the facility team of Gosung-gun D&C located in Gosung-gun Co., Ltd. operated by B from around October 14, 2014, was appointed as an elevator safety manager of the above D&C from around December 21, 2015, and was engaged in elevator safety management.

The elevator machine room on the 6th floor of the above D Condo was installed with the elevator machine room in the previous 6th floor, where the accident occurred if people enter the elevator room, and in particular, since around February 20, 2017, E University students planned to take accommodation in the above new gate and to proceed with the original dratization, and thus, the elevator safety manager had a duty of care to prevent the accidents by controlling the entrance of the visitors, such as indicating the area subject to prohibition of entry into the above elevator room and correcting the entrance door of the machine room.

Nevertheless, on February 22, 2017, the Defendant neglected this and failed to verify whether the entrance was corrected without indicating access control in the above mechanical room, and opened an elevator machine entrance where the victim F (the age of 21) was not corrected under the influence of alcohol at around 05:40 on February 22, 2017 and cut off three fingers between Doz and Ro-p.

Ultimately, the Defendant suffered injury, such as cutting of 3,4,5 resins to the right side, which requires six weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site inspection records of this court;

1. Organization map and letter of appointment of safety manager;

1. A medical certificate;

1. On-site photographs, the accused and the defense counsel asserted that it is difficult to deem the Defendant was negligent on duty in light of the location and current status of the mechanical room, the key management situation of the entrance, etc., but the following circumstances, i.e., the machine room in which the instant accident occurred, which can be discovered by the records,