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(영문) 창원지방법원 진주지원 2016.02.02 2015고단1175
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

B A from around July 31, 2015 to around July 31, 2015, D Co., Ltd. located in Jinju City (hereinafter referred to as “D”) worked as a director responsible for overall responsibility of safety management, including forkless operation, in the workplace, and E is a person designated as the above D’s safety manager from February 10, 2012, and the Defendant is an employee of the said D’s materials management division with a construction machine pilot’s license and operates it temporarily.

around 11:39 on June 11, 2015, the Defendant, at the 2nd place of work in the above D’s workplace, was operating a vehicle in the course of carrying the goods using F7 tons of possession.

Since there is a risk of shocking workers or pedestrians at the time of operation to carry out the work of carrying or transporting things in the same way, the supervisor of the vehicle in possession has a duty of care to prevent accidents, such as securing a safe passage to the workplace or a safe passage to be used by workers in the workplace, preventing the danger of the vehicle in operation and operating methods in the workplace, designating the conductor in accordance with the work plan, restricting entry by other workers, pedestrians, etc. within the radius of operation, and the operator of the vehicle in possession has a duty of care to prevent accidents, such as restricting entry by other workers, pedestrians, etc., and the operator of the vehicle has a duty of care to safely operate the vehicle in possession under the direction of the designated conductor, and to ensure the passage of the vehicle and workers, and to ensure the passage of the vehicle in operation, and to prevent accidents before and after the vehicle in operation.

Nevertheless, B and E did not designate a conductor and did not prepare a work plan.

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