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(영문) 대전지방법원 천안지원 2018.09.14 2018고단685 (1)
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor 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

B Co., Ltd. (hereinafter referred to as “B”) is a legal entity that operates automobile parts manufacturing business at a ASEAN factory located in the ASEAN-gu, Daegu-si, Daegu-si, and the head office of the headquarters in ASEAN-si, and E is a safety and health manager for employees belonging to the factory site in B, and the Defendant is a person who is engaged in driving duties for the company in B under the F that was subcontracted with the management of in-house logistics by B.

1. Defendant and E - The business owner involved in the case of the victim G death shall not allow workers to enter the place where the cargo being unloaded or transported or the cargo is in contact with the station transport machinery, etc. on the moorings of the vehicle in the course of loading or unloading, or where the risk of danger to workers is likely to occur, and the business owner shall observe the matters such as loading or unloading of the cargo in the course of loading or unloading of the cargo in the course of loading or unloading of the vehicle in the course of loading or unloading of the cargo in the course of loading or unloading of the vehicle in the course of loading or unloading of the cargo at least 100 km in weight of the cargo per unit for the station transport machinery, etc. on the direction of the relevant work in the order of work and order thereof, and the safety and health management manager of the workers under his/her control shall have the duty of care to take necessary measures to prevent safety accidents, such as complying with various safety regulations.

A person engaged in shipping, work, etc. using forking vehicles has a duty of care to take measures necessary to prevent safety accidents that may occur in the course of operation, such as driving the vehicle in a way that it can secure a view at the time.

E, which is the head of B Asan Factory, around November 17, 2017, is about KRW 750 km using the vehicle for which the defendant had the defendant at the main shipping workplace of the above Asan Factory, around November 17, 2017.

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