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(영문) 수원지방법원 여주지원 2020.04.20 2019고단1227
업무상과실치상
Text

Defendants shall be punished by imprisonment without prison labor for eight months.

However, for two years from the date this judgment became final and conclusive, the Defendants are sentenced to punishment.

Reasons

Punishment of the crime

Defendant

B is a person operating “C”, and Defendant A is a person in charge of the duties, such as the separation and dismantling of solid goods in “C”.

Defendant

B is a person in charge of the management and supervision of the work of dismantling the LPG gas source contained in “C”, and the defendant A has a duty of care to check whether the gas remains inside and to safely dismantle the gas after deducting all the gas. The defendant A had a duty of care to safely dismantle the gas inside the above gas tank if he knows that the gas remains in the above gas tank.

Nevertheless, at around 11:00 on June 8, 2019, Defendant B violated the duty of care to order Defendant A to dismantle LPG gas and manage and supervise it in a safe manner. Defendant A, while dismantling the LPG gas in violation of the above duty of care, did not take measures to cut gas in the inside, and did not take measures to separate the gas valve part from the gas through the gas tank, thereby causing the victim E (63 years old) who purchased goods from the gas valve, due to the negligence that the gas tank gets off, and caused the victim’s injury, such as the victim E (63 years old) who purchased goods from the gas valve.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. A medical certificate;

1. The map of the case site;

1. Investigation report (verification of the regulations related to the disposal of counterpart LPG gas supply to the Korea Gas Safety Corporation), and relevant regulations;

1. On-site photographs;

1. Application of CCTV closures, such as CCTV impulses, street measurement photo data, and CCTV video-related Acts and subordinate statutes;

1. Defendants: Articles 268 and 30 of the Criminal Act;

1. Defendants of the suspended sentence: Criminal Act.

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