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(영문) 대전지방법원 홍성지원 2012.08.22 2012고단486
업무상과실치사등
Text

Defendant

A Imprisonment of eight months, and Defendant B shall be punished by imprisonment without prison labor of ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B is a driver who is engaged in the operation of G concrete mixtures trucks in the F located in Chungcheongnam-gun, Chungcheongnam-gun, and around 10:10 on February 25, 2012, at the site of the International Access Road Packaging Corporation located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant stopped G concrete mixtures trucks that he/she has driven on a slope of 13.2∑ 13.2∑, and performed concrete strawing work in a neutral state with parking brack and put put-off broke.

In such cases, a person engaged in concrete dismantling duty has a duty of care to check the vehicle before departure and check whether the brac is operated well and there is no error in the brake, and when working on the slope in the slope, he/she has a duty of care to prevent the vehicle from being pushed off due to slope while installing a high-standing tree with the wheels.

Nevertheless, due to negligence, the Defendant neglected this, operated the service Brke of the instant truck with a total weight of approximately 25t in a slope, and caused the death of the victim J and 40 years of age, who is employed by A, who was employed by A, who had been engaged in concrete flat work, to drive the said truck with the back wheels of the driver's seat.

2. Defendant A is a personal business entity performing access road packaging construction works in the Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and is responsible for overall management of safety and health affairs for employees belonging to the above site.

In such cases, where a person engaged in the packing work is engaged in the work using a mixed truck, he/she shall have the rear wheels of the truck install solid trees, and where a business owner engages in the work using the vehicle mooring construction machinery, he/she shall conduct a prior investigation into the relevant work, topography of the relevant place of work, etc. in order to prevent any danger to workers, and take into account the results of such investigation.

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