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(영문) 수원지방법원 평택지원 2014.12.18 2014고단1334
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

As the on-site director of the corporation B for the purpose of construction business, the defendant is a person who has a duty to manage and supervise the safety of the on-site work site of Sshack D factory in Gyeonggi-si C.

On August 3, 2014, around 14:47, the Defendant had the victim E (the 48-year-old) who is an employee at the construction site work site do melting work on the wall at a height of 2 meters at the construction site.

At the time, there was no 90 degrees of slopes, such as a light board, and there was a danger of falling accidents. In such a case, the person in charge of safety management and safety management for workers at the construction site was in charge of safety education in advance, and the person was in charge of safety equipment, such as safety height, safety wear, etc., and was in duty of care to prevent the fall accident by seeking the method of guiding safety equipment and compelling the wearing of safety equipment at the time.

Nevertheless, the Defendant neglected to provide safety education without being equipped with safety equipment, such as safety caps, and caused the death of the victim due to an occupational negligence, which caused the death of the victim at the Yancheon National University Hospital on August 27, 2014 while treating the head by falling into the ground while the melting work as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Employment contracts;

1. A death certificate;

1. Each medical record;

1. Application of statutes to emergency medical services areas;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) focuses on the result of the victim’s damage caused by the instant accident, after the defendant was prosecuted, he/she does not want punishment against the defendant by mutual consent with the victim’s bereaved family members, and the victim

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