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(영문) 수원지방법원 평택지원 2017.02.09 2016고단1334

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to two years of imprisonment for a violation of road traffic law at the Chuncheon District Court on July 23, 2015, and the judgment becomes final and conclusive on the 31st of the same month and is still under probation.

[2] The Defendant, as the head of D’s work leader, explains specific work contents and cautions to workers in relation to cleaning work, such as manufacturing facilities for Pyeongtaek-si factories contracted by D from E, and is engaged in cleaning work of workers at the site so that safety accidents do not occur during the work process.

On January 10, 2016, the Defendant operated the said elevator in order to clean the floor of the elevator installed at the upper range of 1:0 square meters at E painting 2, which is located in Pyeongtaek-siF, and at the upper range of 1:0 square meters.

In such a case, the defendant's confirmation that he was a person inside the range of the elevator or around the elevator, and since the elevator will be operated, the defendant's access should not be made.

Although it is necessary to notify workers with large sounds, the victim G (n, 63 years old) did not find out the cleaning work of washing the oil time of the elevator chain due to occupational negligence that did not take the above measures and cut the victim's left upper part of the elevator chain to the elevator chain.

Ultimately, the Defendant caused the victim to suffer permanent injury, such as cutting the side trauma between the shoulder and the elbow joints, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to H, I, and G;

1. Written Statement;

1. Application of statutes on site photographs and diagnostic certificates;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. An accident that causes the sentencing of Article 334(1) of the Criminal Procedure Act.