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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment without prison labor for seven months.
However, between two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a business owner who performs installation works on the outer wall board of "E member" in Busan Dong-gu, Busan, with a contract for construction cost of KRW 9,500,000,000, and is a safety and health manager in the construction site. Defendant B is the owner of Fom-catom vehicle and is engaged in the management and operation of the above work vehicle.
Defendant
A around 16:09 on February 16, 2017, around 16:09, around the fourth floor of the building occupied by the “E Council member,” the victim G (47 years old) was on board with the worker at the working unit of the above-mentioned Aom-in vehicle operated by Defendant B, and had the outer wall board work between the second floor and the third floor of the building.
In such a case, Defendant A had a duty of care to take safety measures, such as conducting pre-inspection of the geographical ground and geographical floor condition of the relevant work and the workplace in consideration of the result, and preparing a work plan in accordance with the plan. Defendant B had a duty of care to check the defects and malfunctions of the work vehicle as the owner and driver of the work vehicle, and to prevent the danger of safety accidents due to vehicle driving.
Nevertheless, the Defendants failed to take such measures as seen above, caused the gap at the bottom of the working zone of the above working vehicle, and caused the gap to fall down on a road below approximately 3.6 meters due to the difference. The victim felled on February 24, 2017, around 17:42, the Busan National University Hospital, which was located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, caused the death of the acute respiratory part due to the damage, etc.
The Defendants, as seen above, cause the death of the victim by joint occupational negligence, and at the same time Defendant A.