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(영문) 대구지방법원 안동지원 2018.05.29 2017고단604
업무상과실치사
Text

Defendant

A In August of the imprisonment without prison labor, Defendant B shall be punished by imprisonment with prison labor for six months, and Defendant C shall be punished by a fine of 10,000,000 won.

Reasons

Punishment of the crime

[Status of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a construction company located in E at the same time as Dongdong-si, and the written indictment for the F Myeon Office is written by the ordering person as “F Myeon Office,” but the Myeon Office cannot be the subject of a legal act, and thus, it is corrected as above.

From Andong-si City, H “H” (hereinafter “instant construction”) implemented in G was awarded.

Defendant

A is the operator of the excavation season at the construction site of this case, and the defendant B is the employee of the defendant company, who is the person in charge of safety management of interest at the construction site of this case.

Victim I (56) as an employee of the Defendant Company, is a person who assist the Defendant Company in stockpiling a stone shed using a scooters in the vicinity of the protected water at the site of this case.

1. Defendant A is a person engaged in the operation of J digging machines.

At around 10:10 on May 17, 2017, the Defendant operated the above digging pool at the construction site of this case, and he was carrying out construction work for piling a stone shed around the protected water together with the victim I (56 tax).

In such cases, there is a duty of care to ensure that a person engaged in the operation of a excavating machine is not involved in accidents by accurately manipulating it so that there is a person who is inside the radius of the operation of the excavating machine before operating the excavating machine, and when there is a person, he/she shall be out of the radius of the operation of the digging machine, and operate the digging machine and operate it so that the digging machine may not be faced with other objects.

Nevertheless, the Defendant neglected this and did not let the victim go out of the radius of the operations of the digging season, and operated the digging season as it is, the digging season was faced with the protected number, and there are many kinds of damages.

On July 11, 2017, the Defendant, by negligence, caused the victim to die due to shocks arising from brain escape in L hospitals located in Ansan-si, Ansan-si on July 11, 2017.

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