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(영문) 부산지방법원 2013.05.22 2012고단7984
업무상과실치사
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was an employee working at the D Urban Mining Business Department, Inc., Ltd., in Busan, and was the head of the working team in charge of the work of inserting raw materials and extracting lead by cricks, using cricks, using dricks.

On March 14, 2012, around 10:49, the machinery was not operated because the string connected to the strings was cut and the string was cut down.

Accordingly, the defendant and the victim were engaged in the work of cutting out the hoer into the hoer machine.

At the same time, the operation equipment of the studer machine is far from the place where the machine is located, and even if the operator enters the machine due to its depth, it cannot be seen properly at the place where the studer machine is located. Therefore, if it is inevitable to have the victim get out of the machine to remove the studer’s scrap inside the studer machine, and the defendant agreed to operate the machine, he has a duty of care to take safety measures necessary for the prevention of danger by: (a) the signaler among the workers at the time of commencing the operation of the machine, and operating the machine in accordance with the new subparagraph, etc.

Nevertheless, in addition to neglecting this, the victim's negligence in the course of business, which caused the injury of the victim's right bridge while driving the machine without checking the situation where the victim went into the machine to remove the brupt, after having a string time time without operating the machine immediately after being marked as above with the victim. On the 19th 13:00 of the same month, the victim's bridge was being treated by the H Hospital located in Seo-gu Busan Metropolitan City, which was being treated at the H Hospital around 13:00 of the same month.

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