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(영문) 대구지방법원 김천지원 2015.10.21 2015고단859

업무상과실치사등

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a business owner who engages in the recycling business of scrap metal recyclable products with the trade name of the Gu and the victim D (58 years of age) is a field employee of the above C.

1. A business owner who violates the Occupational Safety and Health Act and a business owner's death by occupational negligence shall take necessary measures in handling heavy objects, such as taking measures to prevent danger caused by defective working methods, etc., and shall take safety measures, such as making goods, materials, absence, etc. put in tanks so as not to go beyond them, and, in conducting the handling of heavy objects, he/she shall conduct a prior investigation into the topography, ground level, and ground level, etc. of the relevant work and place of work in order to prevent danger to workers, and record and preserve the result thereof, and shall prepare a work plan including safety measures, etc. in consideration of the results of the investigation and have them perform the work in accordance with such plan, etc., and the defendant has a duty of due care to prevent the collapse and collapse of solid iron, etc.

On March 25, 2015, the Defendant: (a) around 11:18, the Defendant: (b) set up a ice iron plate (Garo 225cm Xle 195cm X 20cc, weight 430cc) between the tetras in direct angle, and shipped tetrags containing the above tetras into a truck, and (c) carried the tetrags containing the above tetrags into a truck; and (d) the victim performed the management work of tetrags away from the floor.

The Defendant did not prepare a work plan for handling heavy objects, including safety measures, etc., while performing the above work, and set up the stroke plates close to the strokeus in the right angle side of the strokeus, and did not take safety measures, such as making the strokes applied to a tank so as not to go beyond the stroke, and let the victim work immediately next to the stroke, and the victim goes beyond the above strokes iron plates while going beyond the above stroke, and is under treatment after being transmitted to the old stroke hospital, around 20:21.