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(영문) 수원지방법원 안산지원 2013.07.02 2013고단196
업무상과실치사
Text

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

Reasons

Punishment of the crime

The defendant is the representative director of F, Co., Ltd. in Ansan-si, Ansan-si, Gyeonggi-do, who performs an act to load and unload cargo, such as pipes, on the cargo vehicles.

On November 13, 2012, around 11:35, the Defendant carried pipe (6m in length, 114.3m in diameter) from the above F on the H cargo vehicle owned by the Victim G (45m in diameter).

However, there is a risk of an accident in the event that the pipe’s weighted to approximately 900 km per one sheet, and the loaded pipe falls in its original form, and thus, the Defendant has a duty of care to properly load the pipe and prevent an accident from falling off the pipe while carrying the pipe from falling off at the length of trees carried out between the pipe and the pipe so that the pipe does not fall off, after paying a safety cap to the cargo vehicle engineer and taking measures not to have access to the cargo in the vicinity of the cargo vehicle on loading, and taking measures not to fall off the pipe.

Nevertheless, the Defendant neglected this and did not take any separate measures to prevent the victim from approaching the area surrounding the trucking vehicle in loading without paying a safety cap to the other person, and loaded the pipe in a state where the wooden length entered between the pipe and the pipe is not in depth, and caused the damage to the pipe by cutting the pipe below the wind, thereby covering the part of the victim in the vicinity of the said trucking vehicle where the pipe is working.

Ultimately, around November 13, 2012, at around 14:45, the Defendant caused the death of the victim by occupational negligence to a multiple long-term organ due to brain injury at the J Hospital located in Gyeonggi-do I due to the said occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. The police statement of K;

1. A recommendation for direction of the investigation, a death diagnosis, a report on the occurrence of a case of change, 119 emergency medical services; and

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