1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

The defendant is a person in charge of the management of the new construction site in Jung-gu Seoul Metropolitan Government C, and is a person in charge of the above construction site.

When dump trucks, etc. run at the above construction site, Defendant 1 arbitrarily installed iron plates of about 4 meters in width, about 24 meters in length, and about 2 cm in thickness on the runway, so that dump trucks, etc. installed on the alleyway front the construction site may not be damaged.

Since a house has frequent traffic of pedestrians due to the alleyway, the Defendant, a field manager, has a duty of care to prevent pedestrian traffic accidents in advance by installing safety facilities necessary for the traffic safety around the construction site, such as guidance signs, caution signs, or containers (safety signs of a high-level model).

Nevertheless, the Defendant neglected this and caused the injury of the victim D (e.g., the age of 61) who entered the above construction site on April 17, 2017 due to occupational negligence without installing the above safety facilities, and on April 17, 2017, the victim d (e.g., the age of 61) went on the said steel plate, making the victim go beyond the floor, thereby having the victim go beyond the floor, thereby causing the victim to suffer an injury, such as cutting the aggregate of the above 70 days in need of treatment.

Summary of Evidence

Facts in the Judgment

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Investigation report by the prosecution (verification of weather on the day of the case);

1. Police investigation report (verification of CCTV images that have occurred);

1. In full view of the medical certificate of injury, there is evidence to recognize it.

In particular, in light of the status of the establishment of the steel board as indicated in the above evidence, the Defendant fulfilled all the duty of care required at the time.

It is difficult to see it.

Application of Statutes

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.