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(영문) 대구지방법원 2020.09.08 2020고단3003
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:08 on December 31, 2019, the Defendant, with a construction machinery operator's license, excavated the above floor and laid underground drainage pipes. At the request of the victim, the Defendant excavated the above floor.

At the time, the defendant excavated the above floor with the excavation machine to set up approximately 6 meters in length and approximately 3 meters in depth, and there was a large number of paper spaces, and there was no safety facilities to prevent the ground collapse, such as soil erosion. Therefore, there was a risk of ground collapse.

In such cases, the defendant had a duty of care to prevent burial accidents caused by ground collapse by safely excavating and underground pipelineing the excavated machine. In such cases, the defendant had a duty of care to prevent the excavation machine from being accessed by people in the surrounding area or from entering the excavated machine, and not using the excavated machine for purposes other than its original purpose.

Nevertheless, the defendant neglected to do so and caused the victim to see the location of the pipeline by putting him/herself into the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, and let the above knife knife knife knife knife knife the knife knife knife knife

Ultimately, the Defendant caused the death of the victim due to the burial of the victim in the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (as regards D statements that were present at the present site), a police statement of E, a field photograph, and a field photograph.

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