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(영문) 제주지방법원 2019.08.14 2019고단558
업무상과실치사
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Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant ordered 2 Gohap's representative in Jeju City, 'C', through a land manager for furniture production, to 2 mix [1 70 mix, 1 mix weight of 2.8 mix (130 mix), 24 mix 1 mix 24 mix, 122 m color] in a non-listed mix factory in Seoul. The victim D(51) ordered the above defendant's mix 2 mix on the truck and delivered it to the above C.

On December 6, 2018, the Defendant used the 'C' parking lot in Jeju-si B at Jeju-si on December 12:25, 2018, and used the 'C' parking lot in which the victim delivered 2 tights from the 'C' truck.

In the case of loading one composite of the combined board at the time, the height of the combined board may not exceed 130 to 140 cm (70 x thickness x 20 mm) and the space may not be secured properly. The above forking vehicle is possible to load up to 2.5 tons, and it is dangerous that the combined board may fall at the time of the subsequent work, such as where the forking vehicle does not cover the weight. Thus, in the case of loading of the two lanes, there is a duty of care to safely prevent accidents by safely carrying the work, such as checking whether there is another person in the surrounding area, and loading goods that do not exceed the permissible weight of the forking vehicle.

Nevertheless, the Defendant neglected to load one set, which was higher than that of loading, and did not properly see the victim in the surrounding area. While the Defendant loaded the joint board with a weight exceeding 2.8 tons in excess of that of the permissible weight of the vehicle for the Defendant, it was overed up one set of the joint board that was loaded without checking the weight in the future, and caused the victim in the preceding work to shock.

As a result, the Defendant caused the death of the victim in the same place due to the damage to the pressure of the body frame and the inner frame due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F. 1.

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