업무상과실치사
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is the head of the C Construction Department in Ulsan-gu, Ulsan-gu, who works for “E elementary school building” in U.S. D from August 2015 as the head of the Silsan-gun, Ulsan-gun.
On January 11, 2016, the Defendant had the victim G (48 tax) belonging to F Co., Ltd., a contracting company of C Construction Co., Ltd., a contracting company of C Construction supply at the site of the above extension work, and had the Defendant install heat strings in the stairs room of the fourth floor of the extended teacher.
Since the above work site has reached nine meters in height and is at least 50cm between work launchings and walls, and there is a risk of fall during work, the defendant has a duty of care to take measures necessary to prevent the fall risk, such as having workers wear safety belts, if it is difficult for the defendant to install a work plate or install a work plate, or if it is difficult for him/her to install a safety net, he/she has a duty of care to take measures necessary to prevent the fall risk.
Nevertheless, the Defendant neglected this and did not install a work plate and a safety room, and did not pay a safety belt to the victim. The Defendant lost the balance of body during the construction of a heat stoves, and fell into the above opening section, and caused the death of the victim with brain stoves due to diversified prolonged damage, etc. around 17:40 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs, daily reports on the progress of construction works, and written opinions on disaster investigation;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 268 of the Criminal Act and the choice of imprisonment without prison labor concerning the facts constituting an offense;
1. The sentencing of Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution takes place on the following grounds: The defendant's negligence in neglecting his/her duty of safety management, resulting in the fall of the victim and the death of the victim; and the record of two times sentenced to a fine for similar crimes
The defendant is not in the position of supervising and managing the entire construction site.