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(영문) 전주지방법원 2012.09.26 2012고단841
산업안전보건법위반등
Text

Defendant

A A shall be punished by a fine of 1,000,000 won, and Defendant C shall be punished by imprisonment with prison labor for six months.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant C

A. On October 25, 201, the Defendant violated the Construction Machinery Management Act, at around 19:30 on October 25, 201, driving a G3 tons car owned by A, a construction machinery company, within the front of the workplace of A CNC, a construction machinery operator, without his/her construction machinery operator’s license.

B. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents

A's site within the CNC workplace of the corporation corporation was moved back to five factories from the 7th factory room to the 5th factory room by driving the 3 tons of the above 3 tons of the corporation A.

Since the above forking vehicle falls under construction machinery, it is necessary to acquire a construction machinery operator's license in order to drive it, and since only one seat is installed, it shall not allow a person to board a location other than the boarding seat, and there is a duty of care to safely drive it so as not to be in contact with people around the forking vehicle.

Nevertheless, the Defendant neglected this and caused the victim’s death in an emergency room of the J Hospital I located in Gosan-si I on October 25, 201 due to occupational negligence in the part of the part on the left side of the seat without the construction operator’s license while making the victim’s H (18 years of age) fleeped on the right side of the seat, which is not the passenger’s seat, and caused the victim’s death in an external shock by a dropic shock by a dropic flick.

2. Defendant A Co., Ltd.: (a) around October 25, 201, around 19:30, around 19:30.

As stated in the paragraph, C, who is an employee of the defendant, had C, a construction machinery operator, operate G 3 tons of construction machinery in front of the work site A CNC Co., Ltd. in Kim Jong-si without his construction machinery operator's license.

Summary of Evidence

1. Defendant C’s legal statement and part of Defendant B’s legal statement

1. Each legal statement of the witness K, L, M, C and B;

1. A traffic accident report;

1. Application of each statute on photographs;

1. Criminal facts;

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