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(영문) 광주지방법원 2016.05.26 2016고단363

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for five months, and the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, under a contract from December 6, 2015 to December 31, 2015, has been engaged in the business of directing the construction site as a whole and supervising safety management as an on-site interest agent of the head of the construction site of the “D Corporation” performing the construction site of the “D Corporation” performing the construction site.

Of the above construction sites, the front section of the village E in the Southern-gun, which is part of the entire construction site, was 1.4m wide in which the central line is installed, the letter of 270m long in length is one-lane asphalt road, and on December 24, 2015, at around 17:00, the construction parts of the C, including the Defendant, excavated a volume of 1.6m high, and laid the water pipe, and the above parts were covered by the unborn prisoners of war, and was temporarily fixed as stuffed.

그런 데 위 부직포는 차량이 통행하면서 쉽게 벗겨질 수 있었고, 부직포가 벗겨질 경우 차량 바퀴의 하중으로 인하여 보조기층의 흙이 움푹 패면서 요철이 생기는 경우가 자주 있었으며, 공사현장으로 진입하는 도로 오른쪽에는 ‘ 공사 중’ 임을 알리는 입간판 3개와 플랜카드 2개만 걸려 있었는데 야간이 되면 시야가 어두워 져 운전자가 이를 쉽게 읽거나 인식할 수 없었다.

Thus, the defendant, who is an on-site agent, has a duty of care to prevent traffic accidents by installing safety signs, danger signs, containers, safety-in-time robots, or on-and-time electronic flashing signs, etc. from the entry into the construction site so that vehicles can have sufficient time and ensure the walking and safety distance in advance. On the day after the construction is completed, the defendant has a duty of care to prevent traffic accidents by taking measures to ensure that vehicles can pass through only the part other than the construction site by strictly fixing or allocating signal numbers so that they can not be cut off after the covering.

Nevertheless, the defendant is the above.