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(영문) 창원지방법원 2015.10.22 2015고단2045
업무상과실치사등
Text

Defendant

A Imprisonment of eight months, and Defendant B shall be punished by imprisonment without prison labor for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is the head of the F Changwon Center in the window E of Changwon-si, and the defendant A is the employee of the aforesaid Center.

1. Defendant A

(a) A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain an operator license for the construction machinery from the head of a Si/Gun/Gu, and in particular, where he/she has less than three tons and the curricula for the operation of the construction machinery have been completed at an educational institution determined by the Mayor/Do Governor,

Nevertheless, at around 10:10 on January 29, 2015, the Defendant, without obtaining construction machinery operator license or completing a course of study on the operation of construction machinery, driven 12.5 tons of H personal cargo in order to transfer overseas transport shield (630 x 25 x 27 cm, 240 g, steel pipe) to G H personal cargo vehicle.

B. The defendant by occupational negligence is above the above Ga.

On the date and time stated in the port, the above hosting had been moved to the cargo of the above G (57 years old) as the victim using the above holding vehicle at the same place.

Since the above hosting is a good the length of which is large, if there is a person who is engaged in driving service to move it, he/she has a duty of care to prevent accidents by suspending the work or getting the person to avoid it outside the scope of the work radius, and by safely transporting safety devices so as not to fall off the objects, maintaining balance, and safely transporting them to prevent accidents.

Nevertheless, the Defendant, without obtaining construction machinery licenses, neglected the above duty of care and neglected the above-mentioned hosting without safety devices, and neglected the operation of the vehicle to be operated by the victim without any safety devices, thereby maintaining a balance, and caused the victim’s chests and head away from the vehicle below the vehicle.

Ultimately, the Defendant is above.

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