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(영문) 서울동부지방법원 2014.05.29 2014고단799

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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

(State)The Defendant is the head of the B Construction Equipment Team, and is working as the person responsible for the site of container loading and unloading in the D market located in Songpa-gu Seoul Metropolitan Government.

On January 28, 2014, around 14:18, the Defendant was working for loading and unloading containers by operating the container at the container loading site after the building "E" 41-2.

However, since there are many kinds of vehicles and people to move so that there is a risk of an accident, the defendant operating the vehicle has a duty of care to prevent the accident in advance by safely loading and unloading the container by checking the front side and the left side of the vehicle and thoroughly checking whether there is a person at the place where the container is loaded.

Nevertheless, the Defendant neglected this and did not confirm the fact that the victim F (57 years of age) is in the above container loading place, and caused the victim to wear the container as it is by negligence.

Ultimately, the Defendant caused the death of the victim by occupational negligence as a result of multiple prolonged damage and pressure-confluence in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. A written autopsy and appraisal;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Article 268 of the Criminal Act applicable to the crimes;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (including the violation of depth of the defendant, the agreement between his bereaved family members, the fact that there is no history of punishment exceeding the fine and the circumstances of the accident in this case).