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(영문) 수원지방법원 평택지원 2017.07.19 2017고단460
업무상과실치상
Text

Defendants shall be punished by imprisonment without prison labor for four months.

However, each of the above defendants is against the defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of a construction project that constructs housing on the ground of Pyeongtaek-si and is responsible for the safety and health of workers, such as employing workers at the above construction site and ordering them to work, and managing the entire progress of the construction, and Defendant B is the owner of the construction project who is employed by A at the above construction site.

Defendant

A, around 16:30 on October 4, 2016, while proceeding with the destruction of the ground at the construction site of the above new construction site, A had Defendant B do the work of cutting the floor by using the digging scoos, and had the victim D (57 taxes) do the scooding of the floor of the ground.

As above, Defendant A, who instructs the progress of construction work by using a scools which are construction machinery, shall not have workers enter a place where workers are at risk of facing each other due to contact with the scools in operation, and Defendant B, who operates the scools, has a duty of care to prevent accidents by properly examining whether there is a worker in the vicinity of the scools.

Nevertheless, Defendant A had the victim engage in balanced coal operations in the vicinity of the excavation season, and Defendant B had the victim engage in occupational negligence that did not discover the victim who was in the future because he did not live well while moving back the excavation season, and served both the victim's wheel with the victim's qui.

Ultimately, the Defendants shared with the above occupational negligence, and caused the victims to suffer injury, such as the sacriffing of the sacrife and the sacrife, which require approximately 10 weeks medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to certificates of fact of disaster and medical certificates;

1. The Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: Article 268 of the Criminal Act.

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