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(영문) 수원지방법원 2018.04.05 2018고단297
업무상과실치상
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 new site manager of multi-household housing construction works located in B at the time of harmony.

On February 2, 2017, the Defendant had been performing construction works for destroying a base of 60 meters in length and 2-4 meters in depth at the construction site at the construction site.

On the back of the construction site of this case, the victim C (n, 48) was in the way of coming to and going to residence. In such a case, the person engaged in the above construction works has a duty of care to take measures to prevent people from falling around the site, such as installing fences or temporary materials to prevent falling around the site during excavation.

Nevertheless, the Defendant neglected this and did not take measures, such as installing fences or temporary facilities to prevent falling, on the part of the Defendant. On February 28, 2017, at around 23:00, the victim walking a sideway on the construction site, the balance of which is over and down, and crashed at the construction site below about 3 meters.

After all, the Defendant suffered from the victim’s 2nd century in the treatment period due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement made by the police against C;

1. C Complaints;

1. A copy of the log of emergency medical services activities, a contract for construction supervision, and a contract for construction projects;

1. A copy of each medical certificate and records of operation;

1. Application of statutes on field photographs and process photographs;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following reasons for sentencing) (the scope of the recommended sentence) [the scope of the sentence] under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for sentencing] (the period from April to October) of the basic area (the period from which no special person is subject to sentencing] (the period from April to October): The sentencing range compared with the recommended sentence: April to October (the decision of the sentence] the length unfavorable to the defendant: the excavation of the land adjacent to the road and the risk of fall.

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