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(영문) 인천지방법원 2018.02.22 2017고단6717
업무상과실치상
Text

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

However, the execution of the above punishment 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, as an agent at the site of the installation of DNA transformation devices jointly with this C, conducted safety education for the workers at the construction site in relation to the above construction work, on the wearing of safety equipment, such as the details of the specific work and the wear of cut-out jackets and electric shock accidents. Since the transformation is a facility with approximately KRW 6,600 V high-tension currents, when performing work inside the transformation station, the transformation station was first required to block electricity at the work site and wear safety equipment, and the workers had a duty of care to prevent the electric shock accidents in advance by carefully examining whether the aforementioned safety rules are properly complied with.

Nevertheless, at around 10:25 on November 10, 2016, the Defendant did not issue an order to prevent safety accidents in preparation for the absence of one’s own equipment at the above construction site, and, at the second floor of the D substation located in Busan Y, the victim F (40 years of age) who is an employee of C, did not block electricity of the transformation station, and did not wear safety equipment such as cutting-off, cutting-up, and extinguishing-up, etc., and caused the victim F to take care of the victim F, who was engaged in the above work, by negligence, to attach an electric wires inside the power distribution team (c) without blocking electricity of the transformation station in Busan Y, and to take care of the victim F, whose body part of the victim F, who was engaged in the above work, with high-tension electricity flow, and thereby caused a sphke to cause an injury to the victim F, who was in need of 25% depth or 4% of the body disability in the vicinity of the electric vessel, and 6% of the victim’s body (6G).

Summary of Evidence

1. Statement by the defendant in court (Provided, That the date of the third public trial shall be the date);

1. Each legal statement of witness I and F;

1. A H statement;

1. Application of each medical certificate, report on the results of field identification, and statutes on site photographs;

1. Article 268 of the Criminal Act as to the facts constituting an offense.

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