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(영문) 광주지방법원 장흥지원 2016.01.21 2015고단189
교통사고처리특례법위반등
Text

Defendant

A Imprisonment of 10 months, Defendant B's imprisonment of 6 months, and Defendant C's fine of 5 million won.

Reasons

Punishment of the crime

1. Defendant A and B’s joint crime is a person who operates more construction machinery as a construction machinery at the work site of Defendant A and B in Jinjin-gun E, and Defendant B is a field manager in charge of the field direction and safety management at the work site of the above work site.

Defendant

A around June 5, 2015, a person who is engaged in Fro-friendly operations and who is in charge of Defendant B's work instructions and controls the above route at the work site and carries out the work of transporting earth and sand used as a raw material for Acon.

At the work site, as other workers work together, Defendant A had a duty of care to carefully check whether there is an employee who is engaged in other work within the radius of the work and to prevent accidents in advance. Defendant B had a duty of care to take safety measures such as assigning safety management personnel or installing safety fences to prevent other workers from entering the work site.

Nevertheless, Defendant B, without taking the aforementioned safety measures at the above time and place, instructed Defendant A, who did not hold a construction machinery pilot license, to operate the said work site and transport soil and sand. Defendant A, without checking whether there is another worker in the vicinity of the work site, operated the said route more, without checking whether there is any other worker in the vicinity of the work site, Defendant B, who was at the right time after the aftermath of the work, was placed in the back part of the victim G ( South, 63 years old), who was coming from the aftermath of the work at the right time and go beyond the floor, leading the victim to “Death due to pressure death” at the same site.

Accordingly, the Defendants caused the death of the victim due to the above joint occupational negligence, and Defendant B at the same time did so.

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