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(영문) 수원지방법원 평택지원 2015.02.05 2013고정333

업무상과실치상등

Text

Defendant

B shall be punished by a fine of KRW 3,00,00, and by a fine of KRW 1,500,000, respectively.

Reasons

Punishment of the crime

[Status of Parties] Defendant B is the representative director of C, Defendant A, Defendant C’s own driver, Defendant C’s company, and Defendant C is a business owner who has operated grain processing and sales business using seven full-time workers.

【Criminal Facts】

1. Defendant A

(a) A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery operator's license from the Mayor/Do Governor;

Nevertheless, the Defendant operated construction machinery from February 2, 201 to April 6, 2012 without obtaining a construction machinery operator’s license, such as operating a construction machinery with three tons of H 3 tons, which is a construction machinery, and loading a ton white (large unit containing rice) into a cargo vehicle.

B. At around 10:00 on April 4, 2012, the Defendant was occupationally injured by occupational negligence: (a) the Defendant: (b) the Defendant: (c) the Defendant, by operating the motor vehicle under the preceding paragraph; (d) loaded the ship on the floor with a tonnage of 800 to 900km; (b) loaded the ship on the floor; and (c) loaded the cargo vehicle, and (d) the victim I (56 years of age) laid the white ton and left the ship at a suitable place.

In such a case, the defendant neglected to perform his duty of care to ensure the safety of the adjustment and adjust it as it is, although there is a duty of care to do so.

With the rhythm of the train operation due to the rhythrm of the engine, the niven white flows into and from the left chest of the victim, and the victim was charged with approximately 3 meters away from the victim's height. However, according to the result of the examination by this court, the fact that the 3m of the vehicle height (=1.05m of the vehicle height and about 2m of the niven height) is about 4m can be acknowledged.

Although the Defendants asserted that the victim was separated from the body of ton of the victim, the first witness stated that the victim was at a height of 4 meters, and when the Defendant A was on the metric back when he left the body to put the victim in the last part of the ton white.