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(영문) 광주지방법원 목포지원 2017.07.18 2017고단279
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as an individual entrepreneur, is a person in charge of safety management at the interest site of a business owner who performs construction works for seawater desalination facilities in the southan-gun C from July 26, 2016 to October 31, 2016, using five workers employed for construction work.

On August 20, 2016, the Defendant supplied electricity to the above construction site at around 11:07, and had the victim D (53 taxes) (53) supply electricity to the above construction site through a neighboring vinyl house, and had the victim cut steel bars using 220 V steel bars.

In such cases, the business owner has a duty of care to prevent electric accidents in advance by installing a leakage circuit breaker in the entire part of the body in the case of using electric machinery and appliances exceeding 150 volts of the site voltage, and by linking the contact inside the plastic house and the contact at the same construction site.

Nevertheless, the Defendant failed to take safety measures such as failing to install a leakage circuit breaker and not contact the container at the entire site, and caused the victim's death during the 119 first vehicle during which the victim moved to a nearby hospital at that time, rather than a sudden contact with the portable voltage breaker connected to the container at the construction site at the above site, and caused the damage by the destruction of the steel breaker due to high damp weather, etc.

After all, the Defendant did not take measures necessary to prevent risks caused by electricity, such as the installation of electric power circuit breakers, and at the same time caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the police statement (person with a title) made to E, and a statement of reference person;

1. A death certificate, a report on the results of field identification, a written opinion on accident investigation, and an autopsy appraisal report;

1. Application of on-site photographs and statutes governing CCTV images;

1. Criminal facts;

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