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(영문) 청주지방법원 2018.12.13 2018고단1572
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who runs urban gas construction business C.

On September 5, 2017, in order to convert the LPG gas into urban gas around 20:00 Cheongju-si, Seowon-gu, Cheongju-si, and multi-household 205, the Defendant cut off the LPG connection of gas bags, removed pipes, and connected urban gas.

In such cases, the defendant has a duty of care to prevent gas leakage and accidents caused by gas leakage by using a device such as completely sealing the cut gas pipeline.

Nevertheless, the defendant was already established in the past.

While removing the LPG gas facilities and installing urban gas facilities, it became a net explosion that puts the victim E (56 years of age) a fire to smoke on the same day by negligence in the course of business, which was left alone without completely sealing the damaged part of the gas pipelines connected to the victim's gas dust, and caused the leakage of the LPG gas due to the bad oil pipelines, without being able to install or remove the exhauster part.

As a result, the Defendant: (a) sold gas from LPG gas, an explosive object, by such occupational negligence; (b) caused KRW 25,856,20 of the repair cost to be incurred due to the destruction of the second floor windows, 1, 3 floors air conditioners, three air conditioners outside air conditioners, and HF car owned by the victim G; and (c) caused the victim to die while being treated by a heavy image around September 7, 2017.

Accordingly, the defendant, by burning the LPG gas, which is an explosive object due to occupational negligence, caused danger to human life, body or property, and caused the death of the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, F, and J;

1. A report on the occurrence of a fire;

1. Photographs;

1. Written estimate, etc.;

1. Results of an on-site investigation of explosion fire;

1. The application of the law of the death diagnosis certificate.

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