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(영문) 대전지방법원 2019.09.19 2019고정337
업무상과실치상
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BScar equipment and vehicles.

On November 19, 2018, at the construction site of warehouse facilities in Daejeon Dong-gu, Daejeon, the Defendant operated vehicles, thereby getting workers aboard the boomet installed at the end of booming boom.

In such cases, despite the duty of care to ensure that a person operating a boomer's boomer's upper part, left-hand and left-hand part, and that a person who operates a boomer's equipment is obliged to safely monitor the safety boomer installed on the ground and not to pay the center of the body of the vehicle by fixing the safety boomer installed on the ground, the defendant neglected such duty of care and caused the victim D (ma, 51 years old) and the victim E (ma, 48 years old) who was on board the boomer's outer wall while the above boomer's equipment was foomed by neglecting such duty of care.

Ultimately, the Defendant suffered injury to the victim D (main and 51 years of age) due to the above occupational negligence, such as a chest fright, which requires treatment for about two weeks, and an injury to the victim E, such as an escape from a conical signboard requiring treatment for about two weeks.

[The defendant and his defense counsel asserts that the accident did not result from the fault of the defendant, because the accident did not inform the defendant in advance (in the wind of carrying 10kgg of the actual container and estimated weight on the boomet at will, the work is going beyond the limit and going beyond the limit, and it did not result from the negligence of the defendant.

On the other hand, the operation of the Scar equipment and vehicles in the holding is a dangerous business that is anticipated in advance to cause harm to human life and body if the defendant fails to fulfill his/her duty of care necessary for the operation. The defendant, who is engaged in such work, may cause harm to human life and body, who is a breach of his/her duty of care.

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