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(영문) 전주지방법원 정읍지원 2013.04.18 2013고단73
업무상과실치상등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. On September 8, 2012, Defendant A around 15:30, the Defendant engaged in cutting of pine trees using a construction machine pilot license in “D” operated by the relevant Defendant B, which is located in Go Chang-gun, Gowon-gun, Go Chang-gun, Da, and without obtaining construction machine pilot license.

In such a case, a person engaged in the operation of the above digging machine has neglected his duty of care to prevent accidents in advance by driving the digging machine in accordance with its intended purpose despite the existence of a duty of care to prevent accidents, and has installed the victim F (the age of 65) on the above cutting machine without any safety device, and operated the victim F (the age of 65) on the ground without any safety device to enter the above landing area for more than 2 meters, and caused the victim F who carried out the cutting of pine trees on the ground floor to remove the victim F (the age of 65) who was engaged in the cutting of pine trees on the ground floor, thereby causing the victim to suffer about 32 weeks of sculatory and sculpying spathy, and the sculfing sculing s

2. Defendant B, as an operator of the foregoing “D”, is an employer who employs and employs workers to cut trees from the said farm from September 7, 2012 to September 9, 2012.

The defendant shall enter the date and place specified in paragraph (1).

(a) With respect to an employee working at a place with a height of not less than 2 meters which is likely to fall, a safety cap and a safety belt shall be paid to him and the safety belt shall be worn, despite the fact that he has to wear it, he does not pay a safety cap and a safety belt to the above F who has engaged in cutting of pine trees at a height of not less than 2 meters from the above c

(b)in spite of the fact that the main purpose of the excavation season is the excavation work, to board F above F for the cutting work of pine trees, such as that described in paragraph 1;

(c) In the case of works by an in-house weight of not less than 1t, a pilot license under the Construction Machinery Management Act shall not be granted to Defendant A, despite the fact that a person without a pilot license under the Construction Machinery Management Act has not been granted.

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