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(영문) 부산지방법원 2015.08.12 2015고정1779
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

(1)The Defendant was in charge of field overall management as the actual site manager of 'G Corporation', being implemented in the Filth F of Busan Metropolitan Government.

From October 18, 2014, the Defendant planned to carry out the work of transporting wastes generated during the construction site from around 08:00 to the above construction site, and the access road to the construction site was linked to delivery by pedestrians. Since a large truck has access to the construction site to transport the wastes by digging out soil, etc. using a diggingner, etc., there was a duty of care to prevent accidents that may occur due to the passage of vehicles by placing signal numbers controlling pedestrians and vehicles at the entrance of the construction site to ensure the safety of pedestrians and pedestrians when entering large trucks, etc.

Nevertheless, the defendant neglected this and did not properly install safety signs, etc. in the vicinity of the construction site and did not place signal numbers.

On October 18, 2014, the Defendant neglected the duty of care as above and carried out an operation entirely at the construction site on the part of the Defendant. On October 18, 2014, at around 08:15, the Defendant exceeded the victim’s J (the age of 67) who walked to the right side of the I 25 tons of dump truck, which was operated by H, going into the construction site to the rear wheels of the entrance of the construction site, resulting in the victim’s death due to diversified damage from the construction site.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against H and K;

1. Each police officer's statement of L, M, N, orO;

1. Investigation report (as to attachment of a photo at the scene of an accident), investigation report (as to attachment of a motion picture);

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, on-site photograph, work log, commencement report, etc. and Busan District Court Act;

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