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(영문) 인천지방법원 2020.10.16 2020고단6315

업무상과실치상

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Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the business of selling and installing liquefied petroleum gas under the trade name of “B.”

In the event of delivery and installation of liquefied petroleum gas containers, there are risks of gas leakage and explosion caused by erroneous delivery or influence in the state of gas supply facilities. Therefore, the Defendant has a duty of care to accurately deliver the liquefied petroleum gas containers to the place ordered by the customer. When the above containers are installed in connection with the gas pipeline, the Defendant has a duty of care to prevent gas leakage by installing pressure control devices, etc. to prevent gas leakage, to check whether gas is supplied safely after the above containers are connected to the gas pipeline, and to guide the customer not to take measures for gas leakage when gas leakage is anticipated.

Nevertheless, at around 16:30 on March 8, 2020, the Defendant installed gas pipes upon the request of the victim E (n, 46 years of age) who is the owner of the business in the Incheon Spole-gun C, and then connected three of the above gas pipes to the gas pipes, and did not install pressure control devices, etc. while connecting three of the above containers to the gas pipes. Even though the three of the containers are connected, even though gas leakage is discovered through the air testing equipment, the Defendant informed the victim that it would cause gas leakage to the gas bag as it is as it is, and by negligence, left the site by leaving the site by not later than 17:30 on the same day, the Defendant got the victim to turn on the location of gas bags by turning on the location of gas dust.

As a result, the Defendant suffered, due to the above occupational negligence, the 2-day heart 2nd degree of chrone video (influences, hills, chills, both sides, and water parts) that requires approximately six weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F and E of the police statement diagnosis report (victim E) and the Act and subordinate statutes governing the explosion investigation report (Korea Gas Safety Corporation) to the F and E;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;