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(영문) 대구지방법원 2016.09.21 2016고정1735
업무상과실치상
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. and the person in charge of the construction site, who has ordered the construction work of C Co., Ltd. at the time of light viewing.

Defendant 1: (a) During the foregoing construction work, it is apparent that the term “F” written in the indictment written in the indictment D, is a clerical error; and (b) it was corrected without modification to the indictment.

On December 3, 2015, the above D subcontracted to the E-U.S., and around 15:30 on December 3, 2015, the above construction was done in front of the E-U.S. apartment house.

Since the place is frequently located on the crosswalk in the front door of the apartment, the defendant, who is a field manager, had a duty of care to prevent accidents by allowing on-site workers to directly control access or by combining safety belts for the prohibition of access.

Nevertheless, the Defendant neglected to do so and installed only a safety belt in the above construction section without combining the safety belt, and caused injury to the victim's bicycle front wheel of the victim G (73 tax) who was entering the crosswalk by getting a bicycle and getting a bicycle on the front door of the mast apartment house after the mast apartment. The victim lost balance and went beyond the floor of the concrete, resulting in the victim's loss of balance and getting the victim go beyond the floor for about 8 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement of the police statement related to G;

1. Application of medical certificates, on-site photographs statutes;

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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