업무상과실치상
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, as the owner of F PP car operating the “E”, which is a manufacturer of concrete pumps (hereinafter “pP car”), which is a vehicle-based construction machinery, entered into a contract with J on November 2014, when the construction of the “H apartment construction project” located in Gangseo-si G, Gangnam-si, which entered into a contract for the lease of pump equipment with the private party to the construction of the “H apartment construction project” that was awarded a subcontract for steel reinforced concrete construction works, and leased pumps in relation to concrete other construction works that J proceeds.
On June 24, 2015, the Defendant: (a) instructed K to operate the F PPK’s PPK’s PPK’s PPK to operate the F PPK at the construction site of the said new construction; and (b) allowed K to perform concrete-typ construction work.
In such a case, the Defendant had a duty of care to prevent accidents that may occur due to the operation of the said pumps by immediately checking the condition of the said pumps and taking necessary measures, such as repair or other maintenance, so that the users of the said pumps can safely work, and thus, the Defendant had a duty of care to prevent accidents that may occur due to the operation of the said pumps.
Nevertheless, the Defendant neglected to check the management of pumps, such as not checking the status of fixed voltages of the pumps (wheel plates connecting the pumps and booms) after purchasing the pumps with the awareness that the pumps were manufactured in 2003 at around 13:0 on June 24, 2015, and neglecting to check the management of the pumps, thereby allowing at least 15 of the above pumps to proceed with the work by leasing them to the J without recognizing that at least 40 voltss of the above pumps had already been cut off, but at least 15 of the above pumps had already been cut off, at the same time, at around 13:00 of the above new pumps at around June 24, 2015.