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(영문) 전주지방법원 정읍지원 2019.02.14 2018고단346
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

[Criminal Power] On August 21, 2018, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and two years to a suspended sentence on August 29, 2018.

【Criminal Facts】

The Defendant is a personal constructor who employs three full-time workers from around August 27, 2017, and performs construction works with a cover of the roof of the warehouse B located in the front-Eup/Myeon, under a contract with C, and is fully responsible for the safety and health of his/her employees.

On September 2, 2017, the Defendant, at the above construction site around 10:55, had the victim D (the age of 48) perform the work of putting the string up the string on the roof of the slate at a height of about 6 meters from the ground.

The suspect shall require the employer to wear a safety cap for workers engaged in the hostile business, which is likely to fall, and the employer has a duty of care to prevent the fall accident in advance by taking necessary measures to prevent the falling accident, such as installation of a light plate with a width of at least 30 centimeters or a fall protection network, in cases where workers are likely to pose danger, such as falling on the roof covered by a strong channel such as asbestos slate or wire with weak materials.

Nevertheless, the Defendant neglected the above duty of care and caused the victim to wear a 30 centimeters or more, or without installing a falling protective network, and caused the victim to die on the roof of the asbestos slate at a height of about 6 meters on the ground, and caused the victim to die with the string of the string, which was conducted by the victim, and caused the victim to die with the string of the string of the 2nd half of the 11:40 days after the day.

Summary of Evidence

1. Defendant's legal statement;

1. G, H, I, and C

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