beta
(영문) 서울중앙지방법원 2017.07.05 2016고단9202

업무상과실치상

Text

Defendant

A In April of the Treasury, Defendant B and C shall be punished by a fine of KRW 1,00,00,000, and Defendant D shall be punished by a fine of KRW 5,00,00.

Reasons

Punishment of the crime

Defendant

A is a general manager in charge of the management of Defendant B and Defendant C, and Defendant B and Defendant C are a daily employee in charge of transporting bridges, and Defendant D is a bridged article.

On June 22, 2016, around 14:08, the Defendants were engaged in the work of transporting egratorys using a bridge in the Dongjak-gu Seoul Metropolitan Government I Apartment Complex 113 804, Dong 113 dong 804.

In that sense, there is a risk of an accident caused by the abortion of an article, unless an article is properly fixed, in the case of transporting an article on the ground using a bridge vehicles, so the defendant A, B, and C, who transport the article, have a duty of care to prevent an accident caused by an article from falling away by fixing the article properly, and the defendant D, who is an article on a bridge, had a duty of care to prevent an accident caused by an article from falling away in advance by prohibiting people's access to the area around a bridge.

Nevertheless, Defendants B and C neglected this and did not confirm whether they were bound to the transparent tape, and did not confirm whether they were loaded on the bridge. Defendants B and C did not confirm that they were loaded on the bridge. Defendant D did not prohibit the entry of the people around the bridge. As Defendant D did not prohibit the entry of the people in the vicinity of the bridge, it did not fall off on the head of the victim J (54) under the victim J. (54).

As a result, the Defendants jointly suffered injury, such as double dubing the body booms that require approximately eight weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions and Articles 268 and 30 of the Criminal Act concerning criminal facts (Defendant A is sentenced to imprisonment without prison labor, and the remaining Defendants are elected respectively).