logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.11.19 2018노4415
업무상과실치상
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 5,000,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing (as to Defendant A), the lower court’s sentence (as to Defendant A, KRW 3 million) is too unhued and unreasonable.

B. The Defendant, as a safety manager at the construction site where the instant accident occurred (hereinafter “the instant construction site”), was thoroughly supervised that a person who did not receive safety education related to the same day does not take any measures at the work site on the same day despite his duty of care to prevent access to the work site. However, even if the Defendant was fully aware of the business negligence of the instant accident, the lower court erred by misapprehending the fact that the Defendant acquitted the Defendant, even though he was fully aware of the Defendant’s occupational negligence in relation to the instant accident.

2. Determination

A. Determination as to the unjust assertion of sentencing (the part against Defendant A) is that the Defendant committed the instant crime in light of the content of the instant crime, the degree of the Defendant’s negligence, and the degree of the victim’s injury, etc., in light of the following: (a) the Defendant’s act of carrying the man-made materials loaded on the cargo onto the cargo (hereinafter “instant lower-class work”); (b) the Defendant’s act of carrying the cargo onto the cargo vehicle due to the negligence, such as neglecting the duty to monitor the cargo vehicle; and (c) the Defendant’s act of falling down the victim who was engaged in the pertinent work, thereby causing the victim’s injury, such as cutting down the frame, etc.; and (d) the Defendant’s act of cutting down the cargo vehicle; and (e) the Defendant’s act of causing the injury to the victim

On the other hand, with respect to the subordinate work of this case on the same day, the work did not proceed smoothly due to the absence of a supervisor of overall command, and the proportion of the defendant's negligence in the whole process leading to the accident was emphasized.

does not appear.

Along with the victim, the defendant was the first offender.

As above, the above defendant.

arrow