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(영문) 수원지방법원 안산지원 2019.10.17 2019고단1627 (1)
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety management of C Co., Ltd. in Si interest-si B, D is a person working as the head of the production team of the above Co., Ltd., and the victim E(the age of 52) is a person working as an employee of the above company

At around 14:20 on January 23, 2019, the victim was engaged in the work of fixing the automatic string door door on the press machine, which is a manufacturing facility for automobile parts with a total height of about 10 meters, along with Defendant D at the workplace of the above company.

Defendant

A and D have a duty of care to require victims to wear safety equipment, such as jacketss, which can walk a safety cap and a safety plane, and to install a work plate or a fall prevention net, or to walk a safety device and work in order to prevent a fall accident in advance.

Nevertheless, Defendant A and D neglected this and caused the victim to wear safety outfits and to work in a state where the victim did not take measures for the prevention of fall as above, and caused the victim to lose the center and fall on the floor at approximately five meters high.

After all, Defendant A and D shared with the above occupational negligence and caused the victim to suffer injury to the brain injury, etc. focusing on the need for medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant Article 268 of the Criminal Act and Articles 268 and 30 of the Criminal Act concerning criminal facts, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the degree of damage caused by the instant accident is serious, etc. disadvantageous to the defendant.

However, the fact that the defendant recognizes the crime and reflects the mistake, that the victim does not want the punishment for the defendant, and that there is no record of punishment for the same crime.

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