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(영문) 의정부지방법원 고양지원 2018.08.24 2018고단1068
업무상과실치상등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by imprisonment with prison labor for six months.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A from December 2, 2010 to Pju City, is a foreigner of Cambodian nationality, and Defendant B was a person working in the above D from March 2018, who works in the production management team and worked in the production management team in the around 2018.

1. A person who intends to operate construction machinery shall obtain a construction machinery pilot's license from the head of the competent Si/Gun/Gu;

Nevertheless, on March 16, 2018, the Defendant, without obtaining a construction machinery pilot's license from the competent authority, operated the D's workplace located in C at P's workplace at P'ariju on March 16, 2018, and operated the 2.5 tons of the construction machinery, which was located in the workplace at P's workplace.

2. Defendants A jointly committed the crime committed by the Defendants had the aforementioned operation for the purpose of the work of cutting down the well-in and down the well-in and down the place specified in paragraph 1, at the time and place.

In this case, Defendant A, who does not have a construction machinery pilot license, shall not operate the vehicle through the vehicle, and the person engaged in the for-board operation has a duty of care to prevent the occurrence of an accident after checking whether there is a person in front of the for-board, and Defendant B, the head of the production management team, has a duty of care to instruct the for-board operation after checking that there is no passage of a person in the workplace, and the employee who did not obtain a construction machinery pilot license, has a duty of care to prevent the operation of the vehicle through 2.5 tons.

Nevertheless, Defendant A’s negligence in the course of business, without obtaining a construction machine pilot’s license as described in paragraph 1, was negligent in performing duties, and Defendant B knew that Defendant A, while driving the instant transit vehicle without obtaining a construction machine pilot’s license, was negligent in the course of business, and Defendant A knew that he/she would drive the instant transit vehicle.

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