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(영문) 수원지방법원 안양지원 2019.05.23 2018고단2106

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is requested to install the above banner from D among the work of manufacturing and installing the banner requested to D by C Public Health Clinics around May 2018 while operating B, the main work of which is to install the banner and signboard.

On July 19, 2018, the Defendant: (a) opened a banner (400 cm, 70 cm in length) between the roadside trees located near the front of the entrance crosswalk No. 5 in the G basin F at Ansan-si, Anyang-si on July 19, 2018 and the street trees, by using the string.

In such cases, the person who installs a banner shall not install a traffic signal (road, etc.) in the vicinity of the crosswalk, which is a traffic safety sign that is likely to harm the safety of means of transportation and the traffic safety of users, and the person who connects the banner or banner, such as installing a height higher than the height of people in order to prevent traffic users from harming the safety of traffic users, has a duty of care to install the banner or banner.

Nevertheless, the Defendant neglected this and neglected to set the strings of banners up at a height of about 1.5 meters by connecting the strings of banners from front signal, etc. to the roadsides of the crosswalks. On August 9, 2018, at around 17:35, the victim H (the age of 47) who was up to string the crosswalks, went beyond the strings of the banners installed as above, and caused the head to the floor.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as an injury from an external wound, which does not have two or more wifes in need of open medical treatment for about four weeks due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Protocol concerning the examination of suspect to the J;

1. Statement of each police statement of K, L, and H;

1. Investigation report (to present I of Witnesses);

1. Report on internal investigation (field confirmation) and report on internal investigation (verification of approval documents for public health centers, public health clinics banners) 1.