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(영문) 의정부지방법원 2019.02.08 2018고단4365

업무상과실치사

Text

1. Defendant A shall be punished by imprisonment without prison labor for four months;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in the work of mixing feed in the “D farm” located in Gyeonggi-gun C.

At around 08:50 on May 2, 2018, the Defendant, at the feedhouse located in the above “D farm,” used skidr to work to cultivate feed.

However, the above route is a construction machinery under the Construction Machinery Management Act that a person qualified to complete the curriculum for the operation of the route is required to drive. When using the above route, there was no leading person or no leading person, and there was no leading person, and the victim was entering and leaving the place where there was no leading person. Thus, the defendant, who is engaged in the operation of the above route, has a duty of care to accurately check the location, etc. of the victim and to safely drive the above route while driving it safely.

Nevertheless, the Defendant did not have the license or qualification necessary for the work using the above log, and the Defendant, while driving the above log with neglecting the duty of care as above, covered the victim E (E, 22 years old) (E, 22 years old) with a device for screening the combined feed, which is a power device transporting the above log while driving the above log with the duty of care. The victim died from the two parts and the latter parts of the two parts and the latter parts at the same time.

Accordingly, the defendant caused the death of the victim by occupational negligence.

2. Defendant B, as the representative of the above D farm, is a business operator engaging in dairy and breeding with two full-time workers, and is a business operator who manages matters concerning safety and health, such as measures to prevent harm and danger to his/her employees.