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(영문) 대구지방법원 2017.07.13 2017고단2532
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a business proprietor who runs a general waste treatment business using 30 full-time workers under the trade name of “C” in Sinsan City B.

With respect to workers engaged in work which falls or is likely to fall off material objects, or which is likely to fall, the business owner shall pay safe caps, and have them wear them in a place where height or depth is likely to fall at least two meters, and where the business owner conducts the work of using vehicle meters, loading and unloading, transportation, machinery, etc., he/she shall prepare a work plan including measures to prevent danger, such as speeding and collapse, etc. in the relevant work, operation routes of vehicle meters, loading and unloading, and work methods, etc., in order to prevent the danger to workers, and shall have them perform the work in accordance with such plan.

Nevertheless, without preparing a work plan on December 1, 2016, the Defendant did not require the victim F(60) of the person who was employed on the truck loaded at T 2.5 tons of E, which was parked in the D Recycling Site in Busan-si on December 1, 2016, to perform the work of loading recycleds, and did not require the person who was employed on the truck loaded at T 2.5 tons of E, thereby allowing the person to wear safety caps.

Ultimately, at around 14:00 on the same day on the same day as above, the Defendant, at around 14:20, caused the said victim to die in a vehicle loaded at a height of about 3.2 meters in the process of loading recyclables, and caused the death of a worker by failing to take measures necessary to prevent danger at the Gyeongbuk-gu University Hospital in Daegu-gu, Daegu-ro 130 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. The application of Acts and subordinate statutes to report the occurrence of and recommendation for direction on the occurrence of a disaster, the list of the cases reported 112, the certificate of death, the certificate of diagnosis, and the report on the occurrence of a

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