logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2018.08.07 2017고단795
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for six months and by a fine of 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The Defendant is a field manager and a general manager of the “D Contract Corporation” executed by C and executed by C.

On May 25, 2017, the Defendant, at the same time, engaged in the coloring operation of the lane at the first lane among the three-lane roads located in Ansan-si, Andong-si.

In such cases, the defendant, who is the general manager in charge of the interest of the construction site, had a duty of care to manage the construction site, such as staying at the construction site, periodically patrol the construction section, controlling dangerous actions of workers, checking whether there are dangerous facilities, etc., and has a duty of care to post signal signals on the front side of the working vehicle to ensure that the above road is being constructed on the front side and safely, and to fully install safety facilities such as construction guidance and traffic guidance signs, safety fences, and lab containers.

Nevertheless, without neglecting the above duty of care, the defendant did not look at the working situation or control the working environment by leaving the above construction site, and did not assign signal numbers to the rear side of the work vehicle. On the part of the negligence that the construction guide, traffic guidance sign, safety fences, and container is not installed at all, the victim G (43 years old) driver's H code car of the victim G (43 years old) driving on the one-lane road at the end of the end of the work vehicle, which led to conflict with the other side after the right side of the vehicle.

Accordingly, the Defendant caused the death of the victim by occupational negligence at the J Hospital located in Ansan-si I of the same day at around 00:59.

2. Where it is necessary to induce, instruct, etc. the passage of motor vehicles during the construction period, the implementer of a road traffic-related construction work shall install the traffic safety facilities in compliance with the instruction given by the head of the competent police station;

Nevertheless, the defendant is interest of the construction site manager as described in the above paragraph 1.

arrow