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(영문) 청주지방법원 2013.09.05 2013고정629

업무상과실치사

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person in charge of safety management at Cwork Site in the Chungcheongbuk-gun B.

On March 2, 2013, the Defendant did not provide the victim D(50 years of age) with safety education prior to work at the site of the above C&D, and did not install a safety net on the floor of a space with no concrete snowing and stringke (40cm in length, 40cm in length) with no concrete snowing and stringkes in order to use it as a common ditch in the future, and installed safety facilities such as street, reduction, etc. on the surrounding rail and neglected to do so despite the fact that there was a duty of care to prepare for fall.

As a result, the victim died from the floor level of about 15 meters to about 6 meters, who had been engaged in dismantling the safety net on the fourth floor, from the space to be used as a common ditch, to the private person of "dives of dysium, scarf, scarf, scarf, and structural part".

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of the E, F, G, H, and the accused;

1. Application of Acts and subordinate statutes to a written autopsy report, a report on the results of examination of dead bodies, photographs, and a report on internal investigation;

1. Relevant Article of the Criminal Act and Selection of Penalty for the Crime. Article 268 (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;