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(영문) 의정부지방법원 2017.11.23 2017고정2331
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

As a proxy of the company B, the defendant is the leader at the construction site of the removal of buildings in relation to the redevelopment and improvement project for housing in the zone C zone, who assists the site manager in overall control over the safety of the construction site

On May 23, 2017, the victim D(50) who entered into a contract for the lease of removal equipment with B(50) was engaged in the removal of the building using the flag at the site of demolition of the building in the city of Jung-gu, the government around 13:30.

In such cases, the person in charge of the work site has a duty of care to take safety measures necessary to prevent danger, and to instruct the operator of the flag to stop work so that safety accidents do not occur.

Nevertheless, the defendant neglected to do so and caused the victim to proceed with work, and the above victim's concrete structure was dismantled with a concrete structure using a drilling machine, and the above concrete structure exceeded the clicker operated by the above victim.

Defendant 1 caused the death of the said victim by occupational negligence at around 14:46 on the same day at the same time due to low-blood shocks caused by the two joints of an opens.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to H and I;

1. All of the records of internal investigation (a copy of the records of cases resulting from changes), and the records of cases resulting from changes;

1. Safety work plans, contracts for leasing removal equipment, and reports on the work date;

1. Application of the Acts and subordinate statutes to the whole photographic materials and materials of each field photo of a structure;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal liability of the accused for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, in light of the degree of the Defendant’s breach of duty of care in the course of performing his/her duties, the gravity of the result, etc., is not less

However, the defendant.

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