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(영문) 대구지방법원 2014.09.25 2013고단6769

업무상과실치사

Text

Defendant

A A shall be punished by a fine not exceeding five million won, and Defendant B shall be punished by a fine not exceeding three million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[former Fact-finding] Defendant A was commissioned by the head of the Korea Rural Community Corporation E branch office to manage the Franc lines,G, and coastal routes in Daegu area, and was renewed every year since 2005, while engaging in the management of I side farming roads located in Daegu Dong-gu H. Defendant B, the telegraph of the Korea Rural Community Corporation, around February 9, 2013, entered the J Union, which was the vice head of the Korea Rural Community Corporation, and was in charge of the management of the coastal agricultural waterways and the waterway managers.

The I Agricultural Road next to H in Daegu Dong-gu where the instant accident occurred (hereinafter “instant Agricultural Road”) was located at a place less than 100-500 meters away from the residential area, and thus, children’s access was allowed.

The width of the farm road of this case is 100 cm and the height from the ground surface to the waterway rail is 63 cm, and the section of 15 cm out of the above farm road is divided, and the section is groundwater.

지상수로에서 지하수로로 이어지는 곳의 깊이는 150cm인데, 물이 지하수로로 낙하하는 지점에서는 유속이 빨랐기 때문에 아동이 농수로에 빠져서 지하수로 내부로 빨려 들어갈 경우 자력으로 빠져나오기 어려운 구조였다.

【Criminal Facts】

In such cases, the defendants who were in charge of preventing safety accidents and inspecting facilities shall endeavor to install facilities safety management facilities to prevent damage to human life and property due to various safety accidents, such as residents, operational managers, animal, and motor vehicles in the neighborhood, and regularly check, maintain, and manage such facilities. The form and structure suitable for the settlement status of the waterway, large scale of the waterway, large scale of the waterway, traffic status of the roads abutting on the waterway, water level of the irrigation and drainage, changes in the volume of the flow, and the status of the facilities.