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(영문) 대구지방법원 김천지원 2016.07.15 2016고정228

업무상과실치상

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who establishes and adjusts a scar for the installation of a vehicle owner's interest complaint room B1.2 tons.

A person who adjusts a motor vehicle for accusation work has a duty of care to prevent work workers from falling in the work stand because the motor vehicle is recovered from the work stand, such as installing the motor vehicle at a place where the ground is simply packed in concrete, cement, etc., and carrying not more than two work workers who are the largest number of passengers in the work stand.

On November 21, 2015, at around 15:40 on Kimcheon-si, the Defendant installed a vehicle on the soil that has been milched due to the expenses immediately before the construction site of the low-speed warehouse in Kimcheon-si, and 3 persons such as D, victims E, and F are increased at a height of 10 meters by violating the duty of care, such as carrying three persons on the work site.

작업대를 지지하고 있던 고소 차량이 무게를 이기지 못하여 앞쪽으로 기울어졌고, 차량에 연결된 작업 대가 주변 전선에 걸리게 되자, D은 옆 건물의 구조물을 타고 내려오고, 겁을 먹은 피해자 F도 D을 따라 내려가다가 지상 약 6m 높이에서 추락하였고, 작업대에 남아 있던 피해자 E는 작업대에서 튕겨 약 10m 높이에서 추락하였다.

As a result, while the Defendant violated the duty of care for the safety of the accused vehicle and the number of passengers aboard the workplace, the Defendant inflicted an injury on the victim F in need of three weeks of medical treatment, such as brain salin, salinal salt, etc., and the victim E in need of medical treatment for 14 weeks of the lower end of the right frame and the salinal aggregate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, and E;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of a manual for the use of ice vehicles and a safety certificate, the rules on the standards for occupational safety and health and the consultation with the Labor Agency, the attachment of photographs of Switzerland, and the attachment of a medical certificate);

1. Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;