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(영문) 청주지방법원 2013.05.16 2013고정31
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

(A)The Defendant is a member of D Company, a person in charge of safety management at the construction site located in Chungcheongnam-gun E, Chungcheongbuk-gun, and at the same time is a person in charge of safety management at the construction site.

If a person in charge of safety management at the construction site is found on the rooftop of a building in the construction site, safety measures should be taken by installing a cover or installing a pents around the building site if there is a protruding-type open door where the person can die, and if a person finds in a situation where safety measures were not taken, he/she has a duty of care to prevent accidents by immediately suspending the work and prohibiting access until safety measures are completed.

Nevertheless, at around 08:30 on October 25, 2012, the Defendant neglected to take measures to prevent the rooftop of the above substation building, extended to the left-hand bridge on the roof-type open rail, the right-hand side of which is installed on the roof, and then fell off the victim G (ma, 42 years old) with about 8 meters in the opening hole of the opening hole, which is expected to build the body on the rooftop rail by lodging the body on the roof, sees the poppy of the outer wall of the building, sees the body poppy of the building, and shoots the victim G (ma, 42 years old).

In this respect, the defendant caused the death of the victim by the two joints of the two joints.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Application of reports on the appointment, etc. of a person responsible for management, contracts for construction works, and photographs;

1. Relevant Article of the Criminal Act and Selection of Penalty for the Crime. Article 268 (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant is the field manager of the F Civil Works and the construction work of the substation building built by D, and the victim performs the installation work of electric power lines.

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