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(영문) 제주지방법원 2018.12.12 2018고정239
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who works as the head of the civil engineering team B (State) and is a person who exercises overall control over safety management affairs as a site manager at the “C” site awarded by the Jeju Special Self-Governing Province for construction amounting to KRW 961,64,00.

The Defendant, from May 16, 2017 to around 14:40 on August 23, 2017, performed road expansion works in the vicinity of the pedestrian crossing located D, while he/she had been performing the said facility construction works.

At the time of road expansion works, there were many traffic users around the construction site, and in such cases, the defendant has a duty of due care to install safety devices such as covering with a cover in advance so that traffic users do not fall into the top in the course of traffic.

Nevertheless, the Defendant neglected to do so and caused the victim F (the 13 years old) who passed the construction site due to negligence in the course of business where the Defendant carried out the construction project without covering the top in the vicinity of the construction site, and caused the victim F (the 13 years old) to go into the above top, thereby causing the victim to go to the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Article 268 of the Criminal Act regarding criminal facts, the choice of fines (the amount of fines shall be determined, considering the degree of negligence of the accused and the victim, the fact that the accused is the primary offender, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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