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(영문) 대전지방법원 2017.01.11 2016고단3755

산업안전보건법위반

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The business owner shall take measures necessary to prevent the danger, such as the installation of protection lines, in the event that material objects are removed or are feared to fall from work;

Nevertheless, on June 13, 2016, the Defendant was in the position to be responsible for safety and health management for preventing industrial accidents by on-site workers at the construction site of a new living facility C located in Jung-gu Daejeon-gu, Daejeon-gu, and did not take necessary measures, such as installing a protective base at the above site injection exit.

2. In the places where workers might fall down, as the end or opening part of the work launching and passage, the business owner shall install a reinforced structure with sufficient strength protection measures, such as safety railing, fence, vertical fall net, cover, etc.;

Nevertheless, the Defendant did not install a safety rail in the part of the stairs room on the second floor of the above construction site, the part of the rooftop stairs room on the third floor above ground, the part of the stairs room on the second floor above ground, the part of the stairs room on the third floor above ground, the part of the stairs room on the third floor above ground, the part of the non-working strings to the outside pair, and the part of the balcony window of the second floor above the second floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes of the table of supervision (integrated) of construction safety and health;

1. Relevant Article of the Act on the Safety and Health of Industries and Articles 71, 67 subparagraph 1, and 23 (3) of the same Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no other previous conviction, and the fact that he reflects it);