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(영문) 대구지방법원 포항지원 2013.05.30 2013고단394
업무상과실치사등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the overall management of the driver's and workplace in E, operated by D in the north-gu, Gyeong-do.

1. The Defendant by occupational negligence is a person engaged in driving a 5 ton of F.

On December 31, 2012, the Defendant: (a) around 10:10 on December 31, 2012, the victim G (the age of 58) was carrying H 19 tons and trucked with a single pipe of 20 tons (one ton per one ton).

In the case of loading and unloading of heavy cargo as above, since there is a high risk that people's body in which cargo is converted into or out of work is likely to face with each other, the defendant engaged in the fore-board operation as a defendant has a duty of care to take necessary measures so that people can not enter the work site, as well as to take necessary measures to prevent accidents, such as operating the above fore-board vehicle, by taking into account whether there is a person near the above cargo.

Nevertheless, the Defendant neglected this and did not take any measures even when the victim was on the part of the site pipe immediately below the work site pipe, and neglected to load the part of the victim’s head due to the negligence in unloading the pipe pipe as it was.

Ultimately, the Defendant caused the victim's death by occupational negligence as above, resulting in the victim's excessive blood transfusion due to the diversification of diversity in the workplace.

2. A person who violates the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu, but the Defendant, at the time and place specified in the preceding paragraph, operated the F5 tons of the vehicle without obtaining a license for the pilot of the vessel.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions against the Defendant.

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