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수원지방법원 여주지원 2014.05.26 2014고정140

업무상과실치사

Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C The articles of Poke and the defendant D are workers at the construction site.

Defendant

On November 21, 2013, at around 16:28, 2013, the victim E (the age of 61) laid off 45 fumium (the length of the road, 80cm in length, 70cm in height, 90km in concrete in weight 90km) at the construction site for the restoration of the sea of the G Repair Facility located in F at Innju City, at the site of the restoration of the water supply facility, fumium was stored on the ground and laid down two parts on the ground.

C was engaged in the work of moving thorium pipes by driving so that other persons of the Working Group could not access it within the working group, was obliged to take safety measures in preparation for fall of the thorium hall, and Defendant A had a duty of care to perform work after taking a duty of care. Defendant A had two persons check whether there are two persons of sclare and two persons of sclare, and had a duty of care to prevent the sclare from being cut by checking whether there are two persons of sclare and connecting both sclare and two persons of sclare.

Nevertheless, the Defendant and C neglected to do so and Defendant A connects poraeck to only polym posium, without suspending work even though one of two posiums attached to posium, and C transferred to posium in spite of the fact that the victim was at a point of 3 meters back of posium.

Ultimately, the negligence between the Defendant and C as above, resulting in the death of the victim by covering the victim by fluium, falling off fluium, and covering by side the victim, i.e., e., double fluor and cerebral blood.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. A written result of autopsy;

1. Application of statutes on site photographs;

1. Relevant Article 268 of the Criminal Act and Articles 268 and 30 of the Criminal Act concerning criminal facts, and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;