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(영문) 창원지방법원 통영지원 2018.03.22 2017고단1619
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in the operation of a DNA mining unit at the construction site of the electric source site development project in Gyeongnam-gun, Gyeongnam-gun, and the victim E (37 ) is a f 25 tons cargo vehicle that supplies a retaining wall block (the retaining wall reinforcement soil) to the above construction site.

On March 1, 2017, the Defendant, at the above construction site around 08:40, installed a boomer to the end of the boomer, and operated the boomer, operated and operated the boomer, thereby falling up to 100 tons of the victim’s boom block (1m, 70cm in width, 50cm in height, 360cm in weight).

At the same time, in order to carry out the above subordinate work, there was no fixed jus of the above 3th floor of the above cargo, and thus, in such a case, a person engaged in the operation of the excavating machine has a duty of care to prevent accidents by conducting work after checking whether there is no other person within the radius of the excavation work by means of assigning signal numbers, etc., and by conducting work after checking whether there is another person within the radius of the excavation work, such as where there is no other person.

Nevertheless, the Defendant neglected to perform the above duty, thereby putting in the upper end of the boom boom, and putting in the upper end of the boom boom, and putting in the upper end the upper end of the boom boom, and putting in the upper end the upper end of the victim’s chest bridge, which was, by putting in the lower end the upper end of the boom boom boom, was shocked by the lower end of the boom bridge, and 2 the upper end of the victim’s chest.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in light of the above 09:41 on the same day’s chest straws and cage cages.

Summary of Evidence

1. The trial records are in the first trial records;

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