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Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is a person in charge of entering and withdrawing products produced in a factory using vehicles to be employed by the employees of C, and the defendant B is a person who is responsible for safety management in a factory as the factory manager of C.
1. On October 20, 2013, Defendant A, occupationally injured Defendant A, was on board a steel beam beam (around 14:00 on October 20, 2013, 40cc in length, 3.9m in length) in loading a cargo vehicle owned by the victim F (the age of 61) with E in the factory of a stock company C located in Busan City, Inc. D.
In such a case, the Defendants are obliged to prevent the accidents caused by the operation of the vehicle by prohibiting any other person from having access to the vehicle within the radius of the work or by placing the conductor or the guide in the vicinity of the work site so that the cargo transported while the cargo loaded on the vehicle does not cause any accident, and Defendant B has a duty of care to prevent the Defendant A, who has no operator license for construction machinery, from driving the vehicle.
Nevertheless, without neglecting the above duty of care, the Defendants did not discover the victims who were engaged in the operation of the sn beam of the above sn beam as an elevator component while moving the sn beam of the above sn beam, and did not remove one sn beam of the steel beam on the left side of the victim.
As a result, the Defendants caused the victim by negligence in the course of business to suffer injury, such as the 1st degree of the left-hand part of the first place in need of treatment for about six weeks.
2. A person who intends to operate construction machinery violating the Construction Machinery Act by Defendant A shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu;
Nevertheless, the Defendant, without obtaining a construction machinery operator's license, operated E, which is a construction machinery, as described in paragraph (1).
(i) the evidence;