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(영문) 대구지방법원 2016.10.06 2016고단3361
업무상과실치사
Text

Defendant

A shall be punished by imprisonment without prison labor for six months and by imprisonment without prison labor for four months, respectively.

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

Reasons

Punishment of the crime

Defendant

A From December 2015 to December 25, 2015, a person engaged in 9 sections for the E Highway Corporation located in Yongcheon-si in Yongcheon-si in D, and Defendant B is the head of the E Highway Corporation, who works for the field manager in the said nine sections for the said nine sections, and the said Section is the business owner who subcontracted the production and transportation of aggregate among the said works from the two construction companies, a contractor, around May 25, 2015.

Defendant

A around 12:40 on April 10, 2016, around 12:40, F, a member of the same company, operated a consortium, so as to facilitate oil turbing.

In such a case, there was a duty of care to check whether a person is on the Belgium is on the Belgium and to safely work after checking whether a person is on the Belgium is on the Belgium, and there was a duty of care to ensure the safety of the person in charge of the operation of the Belgium.

Nevertheless, Defendant A neglected to obtain a construction machinery operator's license, and operated a consortium without confirming whether he or she had a person on the consortium.

In addition, Defendant B did not neglect his duty of care to supervise and supervise Defendant A’s work as a field manager who supervised and supervises the said nine sections, and did not assign the person with the construction machinery operator’s duty of care to work safely. However, Defendant B did not assign the person with the construction machinery operator’s duty of care to the employees with the construction machinery operator’s duty of care.

The Defendants’ negligence, as above, are Meder Belgium.

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