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(영문) 대구지방법원 서부지원 2019.05.31 2018고단2603

업무상과실치사

Text

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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

C is a company that has its head office in Gyeong-gun, Seongbuk-gun, and is a business owner that performs machinery basic civil engineering works, etc. in the business place located in Daegu Seo-gu E.

Defendant

B is in the position of overall control and management of the business of the operator of C and the employees belonging to the above business place, such as the prevention of risk or health disorder as prescribed by the Safety and Health Rules.

Defendant

A performed duties such as the employment of C corporation, and the operation of a tent under the direction of the above B.

1. On March 5, 2018, around 10:30 on March 5, 2018, Defendant A engaged in occupational negligence, resulting in death, etc., Defendant A’s occupational negligence, which was installed in a factory in order to load and unload the molded materials brought into the site at the business site located in Daegu-gu E at the business site located in Daegu-gu E, Daegu-gu, in accordance with the direction

At the time, on the moving route of the YV, the victim F (1970s) was performing work to install the sand position panel, etc. on the part of the self-stock complaint work unit (9.3m high). As such, the defendant in charge of the operation of the YV was in charge of the operation of the YV in advance confirming whether he/she has work workers and obstacles, maintaining a sufficient safety distance between the person, work and obstacles, maintaining a sufficient safety distance between the person, work and obstacles, and maintaining the movement route of the YV and preventing accidents in advance by suspending the operation if there is a worker and obstacles on the moving route of the YV.

Nevertheless, the Defendant neglected this and did not properly ascertain whether there is a worker and an obstacle within the radius of the vehicle in transit, and by negligence, even though the victim was using the vehicle in the vehicle in transit, moved without suspending the operation of the vehicle in front of the vehicle in transit, thereby falling down the victim in front of the vehicle in front of the collision with the vehicle in which the vehicle in front of the vehicle in front of the vehicle in question.