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(영문) 인천지방법원 2018.02.22 2017고단4995
업무상과실치사
Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a business owner who is a corporation that employs 15 full-time workers in Seo-gu, Incheon Metropolitan City and engages in the wholesale business of harvested wood products related to construction; Defendant C is a representative director of the Defendant Co., Ltd. who controls and manages matters concerning the safety and health of its employees; and Defendant A is a person engaged in driving duties who is employed by the Defendant Co., Ltd.

1. Defendant C’s business owner shall install a safe passage to be used by a person who works in the workplace or a place of work, maintain a safe passage to be used at all times, prepare a work plan for the relevant work in order to prevent any danger to workers in connection with the work of using loading, unloading, machinery, etc. on the vehicle, and have him/her conduct work in accordance with the work plan; if a work plan is prepared, he/she shall designate a conductor and instruct his/her work in accordance with the work plan; if he/she conducts work using the loading and unloading transportation machinery on the vehicle, he/she shall set a speed limit appropriate for the topography, ground conditions, etc. of the workplace in advance; and if he/she conducts work using the loading and unloading transportation machinery on the vehicle, etc., he/she shall have the driver observe the bill of indictment by stating that “in the event of performing work using the loading and unloading transportation machinery, etc. on the vehicle or the place where the worker is likely to be in danger due to contact with the loading and unloading transportation machinery on the vehicle, etc., but

This part is to be deleted.

around 14:59 on March 7, 2017, the Defendant used the driver A and the victim G (50 years) to transport the two lanes.

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