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(영문) 청주지방법원 충주지원 2011.10.21 2011고단260
업무상과실치상
Text

Defendant

A shall be punished by imprisonment without prison labor for eight months and by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

Defendant

B is a seller who has supplied liquefied petroleum gas under the trade name B, from November 13, 1996 to January 7, 2008, and Defendant A is a person who acquired the above company from Defendant B and succeeded to the status of the seller.

Defendant

B On August 22, 2006, the victim G(n, 68 years old) residing in the F2th floor of the Hahbuk-gun of the Hahbuk-gun was requested to remove gas supply facilities that were supplied and used between them.

In such cases, as a seller of liquefied petroleum gas, safety inspection of gas supply facilities should be conducted, guidance on matters necessary to prevent harm to users should be given, and the duty of care should be exercised to prevent gas leakage by removing or collecting supply facilities.

Nevertheless, without removing the supply facilities, Defendant B merely taken measures to prevent the gas supply facilities from putting the gas out to the end of pipes connected to the burners.

In addition, Defendant A, who succeeded to the status of the sales business entity from Defendant B, had a duty of care to make it impossible to open an intermediate valve of gas pipelines connected to other households without delay when gas supply is suspended due to a failure in the supply facility and the supply facility such as a saving machine, if many users are supplied with liquefied petroleum gas within the same building due to gas supply to another household of the building in which the victim G is located, indicating the name of the permission-granting agency and the trade name of the gas supplier on the external side of the container, and indicating the user such as the same water on the pipe near the connecting part of the supply facility and the consumption facility, as well as to immediately replace the supply facility at his own expense.

Nevertheless, Defendant A supplied gas without the aforementioned indication, and in addition, around 10:37 November 15, 201, Defendant A reduced gas from H, one of the residents of the above building.

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