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(영문) 수원지방법원 2012.12.28 2012고단4011
업무상과실치사등
Text

The sentence of imprisonment without prison labor for defendants shall be determined by one year.

Reasons

Punishment of the crime

On March 2, 2012, around 15:35, the Defendant: (a) requested the towing of D Driving E 25.5 tons of D Driving that was performed while leaving the aggregate at the above location; and (b) was engaged in work using Fsch Rexroth vehicles.

However, at the time, dump trucks were loaded using the pressure strings, and the middle part of the said dump truck was teared to approximately approximately 2/3 of the said dump truck, but in the process, it was necessary to cut part of the said dump truck so that they can move the dump truck, and thus, the Defendant had a duty of care to prevent accidents by taking safety measures, such as cutting the dump timber, and by re-verification of safety devices.

Nevertheless, the Defendant neglected this and requested the victim G (the aged 44) and the victim H (the aged 44) who did not wear the safety cap while cutting the tear part of the above loaded ray with a lecar vehicle chain at the upper part of the upper part of the above loaded gate connected to the passage and loading without taking any particular safety measures.

계속하여 피고인은 절단 작업 이후 피해자들이 위 실린더 하단부를 잡고 있는 동안 레카 차량을 이용하여 적재함을 들어올렸는데, 그 순간 체인이 걸려있던 위 실린더 상단부가 위로 튕겨 오르면서 체인이 빠지고 적재함이 떨어져 그 아래에서 위 실린더 하단부를 잡고 있던 피해자들을 덮치게 하였다.

Ultimately, the Defendant caused the death of the victim G from the above occupational negligence to the two frameworks and the two brain fevers, and the victim H suffers injury, such as a non-alley body felbing, in which the number of days of treatment cannot be known.

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