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Defendant
A shall be punished by imprisonment without prison labor for ten months, and by imprisonment for eight months, respectively.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person who is engaged in the operation and equipment operation of the C complaint work vehicle, and Defendant B is a representative of E located in D at the time of resident, who operates the sanitary management service business, etc., and is a business owner who controls and supervises all matters concerning the safety and health of his/her employees.
1. On November 3, 2014, at G Museum located in F at the time of stay at around 10:30 on November 3, 2014, Defendant A boarded the victim H (the age of 42 and the remaining) to the complaint work vehicle operated by Defendant, and had the victim H (the victim H) work to clean the glass of the museum building and remove the stop line at a height of 4 meters.
In this case, in order to prevent the fall of the above workers, the defendant has a duty of care to prevent the fall accident by properly installing the safety gap between the complaint workers and attaching the safety belt at a safe place such as the workplace rail.
Nevertheless, the Defendant did not properly install the safety gap in the front part of the complaint work unit, attached the safety belt to the support line, which is not a strong place, such as the platform and rail, and did not properly take measures to prevent the spread of the support line, and let the victim be on board in the complaint work unit, and let the victim who has lost the center fall into the floor below the height of 4 meters.
As a result, the Defendant caused the victim to die due to such occupational negligence on November 5, 2014, at a single university hospital in 201, Nam-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Incheon, to death.
2. Defendant B’s business owner shall be built of a structure with sufficient strength to take protective measures, such as safety railings, fences, vertical falls, covers, etc. at places where workers might fall down, such as the end or opening of the work launch and passage, and at least two meters high risk of fall.