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(영문) 대전지방법원 서산지원 2016.04.14 2015고단992
업무상과실치사
Text

1. The punishment against Defendant A shall be 4,000,000 won, and the punishment against Defendant B shall be 3,000,000 won, respectively.

2.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a train with 18 tons or more of E.

On April 13, 2015, the Defendant had a duty of due care to prevent accidents in advance by accurately manipulating crakekes at the container movement work site located in the front of “G” located in “G” in the Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do.

Nevertheless, the Defendant neglected this to connect the auxiliary water door with a reduction in excess of the auxiliary water, and at the same time, operated an operation so as not to cut down by cutting down the subsidized boom, but did not cut off the subsidized boom, so that the fruit reduction attached to the subsidized boom 14.2m of the victim H (43 cm) with the head of the victim H (43 cm) who was below the end of the 14.2m of the subsidized boom, which fell down by the weight of approximately 63 km.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from the Central Hospital of Seosan, which was in the process of transmitting the victim to around 04:00 on April 20, 2015, at the same time, the head industry of the Silsan, which was in the process of transmitting the victim.

2. Defendant B, as a manager of “G” located in Western City F, was a person who actually manages and operates the said G, and around April 13, 2015, Defendant B had A, an engineer of the Kaman Crole Crole, carry out container movement work as prescribed in paragraph (1).

A business owner shall take measures necessary for the prevention of danger, such as the prohibition of access by persons other than the workers concerned, by installing a fence at a place where material objects may fall or are likely to fall in the course of work.

Nevertheless, on April 13, 2015, around 11:58, 2015, the Defendant, a general victim H(43) of this case, sought from the Defendant, but did not control the Defendant’s entry, without using a safety string at E 18 tons high-speed ward nearby the above work site. Moreover, the Defendant did not control the Defendant’s entry. The Defendant’s subsidization string back the Defendant’s head, and eventually cut down the Defendant’s hair.

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