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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a personal business operator who runs a construction business using one regular worker at the time of Kimhae-si and has executed construction works with a contract of 400,000 won for the construction cost from B, and is a person in charge of safety and health management of the waterway Corporation.
In order to prevent any danger to workers, the defendant shall conduct a prior investigation on the topography, ground, shock conditions, etc. of the relevant work site, in order to prevent the occurrence of danger to workers, and prepare a work plan in consideration of the result thereof, and shall take necessary measures, such as placement of guiding persons, prevention of the subsidence of the ground, collapse of the sideway, maintenance of the width of the road, etc., in cases where the use of vehicle meters is likely to cause danger to workers due to the breaking of the machinery or the breaking of the machinery.
At around 10:20 on November 27, 2012, the Defendant, a worker belonging to the Defendant, had the victim D (years 29) who was employed by the Defendant, install a drainage channel on the rear side of the plastic house using the 1.74 tons of a digging hole at the above construction site.
There was a slope of 2.9 meters in height from the right side to the passage of 1.9 meters wide, and there was a risk of falling off the excavation range by the flow below the slope due to the ground collapse due to narrow space or the cost immediately preceding.
In such cases, the Defendant, who is responsible for the safety management of the above workers, shall conduct a prior investigation into the ground condition, etc., and prepare a work plan reflecting the results thereof, and shall also neglect the duty of care to take measures to prevent the danger due to the fall of the excavation season, and by negligence to have the victim work in the middle of 2.9 meters.