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(영문) 춘천지방법원 강릉지원 2016.08.11 2016고단825
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who takes charge of the installation, transportation, equipment, etc. of the mold as the on-site work leader at the construction site, a corporation under the subcontract for the installation of machinery and equipment and pipeline construction from the construction of the said corporation, within the construction site of E 1, 2 when the construction of C corporation was ordered and under construction of D corporation.

On July 29, 2015, around 16:50 on July 29, 2015, the Defendant loaded one heat exchange engine at the open port of D Construction Co., Ltd. at the above construction site to the victim G (58 metric tons) with the H Kaccle (25 metric tons) operated by the victim, and boarded the victim with the above Kacle, and installed it with the victim at the front of the 2nd open port in the above construction site.

I parking on the side of the I Car Tracle, and then, it was done to set up a Hacle string (support stand) of HKacle straw at the same place, and then to fix the above Kacle straw on the ground.

A work to fix a carcractain on the ground is conducted through the process of dividing the carcracraccracracracracracracracs on the side of the carcracracrac's driver's seat and the process of automatically displaying the carcracin to the outside of the body of the carcracracracras. Thus, if a person exists in the vicinity of the carcracracras, there is a risk of being done out of the body of the carcracras. In such a case, the above person has a duty of care to thoroughly check that there is no other worker within the day-to-day radius or at least, even if there is no signal from the number of signals placed in advance or at the scene, and to prevent the accident, such as conducting the work.

Nevertheless, the Defendant neglected this and did not check whether the damaged person is in the direction of the arche in the vicinity of the above car cream.

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