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(영문) 대구지방법원 안동지원 2018.08.10 2018고단221
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who exercises overall control over the safety and health of the employees belonging to the employer who operates D's stations in Ansan-si C.

On December 11, 2017, the Defendant had the victim E (68 years old) (hereinafter referred to as the “F25 meters high”) take work to have the victim E (68 years old) go on the back of F25 tons truck (2.35 meters high), which was he he he he he he he he accumulated on the back of the F25 tons truck.

In the event that an employee engages in a work at risk of falling, a business owner shall provide a safety cap and wear it, and when dealing with heavy objects, he/she has a duty of care to prevent accidents in advance by conducting a prior investigation into the characteristics of the relevant work, work site, topography, ground and geographical layers, etc. in order to prevent danger to workers, and recording and preserving the results thereof, taking into account the results of the investigation, and by preparing a work plan in accordance with the work plan and having the conductor designate the person who conducts the work and direct the work in accordance with the work plan, and by requiring the person who conducts the relevant work to comply with the work plan, such as “to determine the order of work and the method of work completed in the order thereof and to direct the work”.

Nevertheless, the Defendant neglected this and did not prepare a pre-inspection and work plan to ensure that the injured person wears a safety mother, and caused the death of the injured person of the above day by negligence in the course of loading and unloading work by failing to designate the conductor, and caused the death of the injured person with his head at the bottom by falling off the balance above a ton and falling off while leaving his head on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, J, and K;

1. A written opinion on a disaster investigation, reference photograph, and report on the results of field identification;

1. A report on the results of inspection of a person who has suffered from a change;

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