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(영문) 대구지방법원 2021.02.23 2020고단6135

업무상과실치사등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as the representative of the “C” from around June 2015, is a full-time employee, who runs the business of manufacturing and selling goods, such as bricks, etc. for construction, using three full-time employees, and the Defendant is a worker who works for the above C from April 2020 to April 20.

C The process of brick production is as follows: ① after mixing of concrete as a raw material, ② after mixing it with concrete as a brick shape, ③ after moving it to the two-living place, ③ after the two-living process, the double-living place was loaded with the size of 95cc wide, height, total weight of 1,850km above the wooden material so that they are loaded with the size of 1,850km, ⑤ The process of moving it through a consortium with a large of 6.6m in length (the process of fixing the wall loaded as above to the industrial string so as not to cover the wall) and the process was carried out in the way of selling it by keeping the brick string which completed the bareboat work in the open space. In the case of the victim, the victim put it into the line above.

2. Criminal facts;

(a) A business owner involved in an accident involving death of a victim shall verify in advance necessary matters, such as placement, education, work methods, protective devices, etc. of workers, and take necessary measures to prevent any danger, and shall install devices to immediately suspend the operation of a consortium, etc. in an emergency, where the bodily part of the relevant worker is unfolded in a consortium, etc., or where it is anticipated that the relevant worker might pose any danger, or where the relevant worker might immediately stop the operation of the relevant machine;

Provided, That this shall not apply where a worker is unlikely to pose a risk by using only a non-powered condition.

On April 10, 2020, the Defendant is located in G. B, G., G, Gyeongbuk-gun, G, around 10:25.