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(영문) 대구지방법원 안동지원 2019.03.08 2018고정21
업무상과실치상
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is engaged in driving service of a flag (06W), which is a construction machine, in Company B.

From around 08:00 to 17:00 on April 21, 2017, the Defendant was working for a dump truck with a height of approximately KRW 8m high at the construction site of four construction sections located in C in the case of permanent residence (hereinafter “instant camping site”), and the Defendant was working for a dump truck with a dump truck (06W), the maximum working height of which is a construction machine equivalent to approximately 6m high.

In such cases, there was a duty of care to ensure that the ground of the upper part of the field of the camping site should not be terminated by using a digging range corresponding to the maximum height of the field of the camping site in order to prevent the person engaged in the field of the camping site from spreading the ground, and after the completion of the above work, there was a duty of care to leave the lower part of the upper part of the field of the camping ground and to cut off the ground by cutting off the ground behind the upper part of the field of the camping site, and to cut off the surface with the clicket by cutting off the ground.

Nevertheless, the Defendant neglected to do so and did not take measures such as the maximum work height of approximately 2m (06W) higher than the maximum height of the above field, and the dump truck of about 15 tons in driving of the victim E (54 years old) who was working at the top of the field of the instant field due to the collapse of the ground after the completion of the above work, and the dump truck of about 5m in driving of the victim E (54 years old) who was working at the top of the field of the instant field of the instant field of the day, was cut down by 18:00 on the same day.

Ultimately, the Defendant caused the victim to suffer injury due to such occupational negligence as not being able to know in detail at the bottom of the necessary frame in need of treatment for about six weeks.

2. The Defendant, the defense counsel’s assertion, made a considerable height of work space by using stones in the field of the instant camping ground, and then set up the click ground above.

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