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(영문) 춘천지방법원 2014.10.23 2014고단764
업무상과실치상
Text

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 is a driver of B-house in charge of collecting and transporting solid water in Bosung Co., Ltd.

On December 31, 2012, around 13:05, at the “E” workplace of the victim D (the age of 47) operated in Chuncheon City, the Defendant was to drive and coordinate the said vehicle, and to collect a large boiler tank with a height of 2.5 meters and a diameter of 2 meters.

At the time, the boiler tank was on the container of 9m, 3m in length, 2.7m in height, and the floor was attached on each steel plate, and there was 10 copies of the sandd position panel on each iron plate.

In such a case, a person engaged in the collection of the boiler tank was to remove all the panels on each stop, check the weight of the boiler tank and the load capacity of the stop tank, etc., and then fixed the b to the boiler to the boiler, and there was a duty of care to safely collect the b to check whether there is a person around the boiler tank and whether there is a person in the surrounding area.

Nevertheless, the Defendant neglected to do so and caused the Defendant to fall into the boiler tank and the panel’s weight on the boiler tank and its iron plate, which was placed on the said steel plate, and caused the victim to fall into the bottom of the container by putting the chest of the victim D(47 years old) who was on the back of the steel plate.

Ultimately, the Defendant, by negligence in the above occupational negligence, suffered the victim with an external wound with an open wound within the scarcity of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (to attach safety technology guidelines to loading and unloading work inside the workplace);

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.

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