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(영문) 청주지방법원 제천지원 2013.05.09 2013고단178
업무상과실치사
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the executive director of D (Representative E) corporation established for the purpose of machinery and equipment and pipeline business in the Chungcheongbuk-gun C, and was in charge of field management of extension works of the FF corporation in Y.

On September 6, 2012, around 08:30 on September 6, 2012, the Defendant had a mixed tank (STS reaction machine, radius 1.2m, length 2.5m, weight 1 ton) loaded on G 5 tons truck at the site of the relevant extension project performed loading and unloading work using H cranes.

In such a case, there was a duty of care to check whether the above tank was properly affected by the upper 10-30cm from the ground, and evacuate the worker to a safe place, and then to instruct the worker to safely work by using auxiliary devices such as lifts, etc. at a safe place.

Nevertheless, the Defendant: (a) caused the victim I (year 52) to load the above car loaded with the above tank; (b) did not confirm whether the fiber was properly affected by the above tank part; and (c) did not evacuate the victim to a safe place; and (d) caused the above tank to be loaded into the tank as it was, by negligence, ordered the victim to enter the tank as it is without checking whether the fiber was properly affected by the above tank part; (b) when the above tank was loaded with a height of approximately four meters from the ground to the above tank, the above tank was cut to one, and the victim head of the victim who was under the order was cut away from the part of the above tank part.

Ultimately, at around 08:43 of the same day as above, the Defendant caused the death of the victim during the transmission to the J Hospital located in the Chungcheongbuk-si, Chungcheongnam-si due to the epidemal brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of K, L, or M;

1.The body of the deceased (I), on-site photographs and stophographic Acts and subordinate statutes.

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