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(영문) 인천지방법원 부천지원 2019.01.18 2018고단1994
업무상과실치사등
Text

A defendant shall be punished by imprisonment for seven 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

The defendant is the head of the production department of the (State)C in Kimpo-si, who exercises overall control over the field work related to the production of products and the safety-related work of workers.

1. At around 08:40 on January 10, 2018, the Defendant caused occupational death, etc.: (a) operated a D truck, a vehicle mooring transportation machine, at the front of the front day of the pertinent week, to perform the loading and unloading of a string pipe, which is a weight of approximately 600 km, taken place in loading and unloading of a truck driven by the victim E.

In such cases, the defendant has a duty of care to secure the front view, to control access by other persons except workers within the radius of work in order to prevent accidents from spreading away from the stud pipe's loading, and to prevent accidents from occurring under the stud pipe fall by performing work according to the leader's signals and instructions.

Nevertheless, the Defendant did not obtain a construction machinery operator's license, but did not secure the front view or control access of the trucking line. The Defendant carried a string to load and unload the string pipe at the bottom of the string pipe in order to load and unload the string pipe, which had been loaded on the trucking line prior to the understanding of the situation of the work, caused the death of the victim due to the 12:05 day after covering the victim who was on the opposite part of the string, by negligence in the course of performing the loading and unloading work by cutting the string pipe at the center and cutting off the string of the string pipe at the bottom of the string pipe.

2. A person who intends to operate construction machinery violating the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu

Nevertheless, the defendant operated D, construction machinery, without obtaining a construction machinery operator's license at the date and place mentioned in Paragraph 1, and unloaded Pipe.

Summary of Evidence

1. Partial statement of the defendant;

1.The police of F. F.

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