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(영문) 대구지방법원 경주지원 2019.09.05 2019고정83
업무상과실치사
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person in charge of safety management in charge of the supervision, safety management, etc. of the construction site by the director of the construction site at the time of the racing project execution.

On September 12, 2018, the Defendant: (a) around 00 on September 12, 2018, at the construction site for the racing-si D, camping site development, the Defendant had six human beings, including victims E (76 years of age) and victims F (67 years of age) mine work.

In such cases, as a defendant in charge of safety management, etc., he/she has a duty of care to prevent accidents from causing harm to human lives by thoroughly guiding and supervising the extracted pine trees so that they do not cut down or extracted pine trees can be laid down on the floor.

Nevertheless, the Defendant, by occupational negligence not leading to the work site and not taking safety management measures, laid 3 glus among the pine trees extracted by the victims, who are workers, on the floor without putting them on the floor, and put them on rest under the bottom, and only one of them covered the victim E head and the victim F bridge.

Ultimately, the Defendant caused the victim E by occupational negligence as above, around 13:22 on the same day, in the H Hospital located in G in Sejong-si on the same day, to die due to brain injury, etc., and the victim F was injured by the victim F, who is in need of approximately 12 weeks medical treatment, respectively.

Accordingly, the defendant caused the death or injury of victims by occupational negligence, and at the same time caused the death of victims E by violating the duty to take safety measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. Investigation report (F diagnosis report: 12 weeks);

1. Investigation report (to attach a written autopsy report to a victim E-mail);

1. Application of Acts and subordinate statutes of investigation reports (on-site identification reports and attachment of site photographs);

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