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(영문) 청주지방법원 제천지원 2017.11.02 2017고단180
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who works in the top half of the production team of D Co., Ltd. established for the purpose of lecture structure construction business, etc.

Around 10:00 on March 25, 2017, the Defendant, using F, was engaged in the work of cutting off 5 concrete files (name PHC-A60-13(n)) of approximately 4.87 tons in weight, approximately 60cm in diameter, and approximately 13 meters in length, which are connected to the victim G (51) with the Victim G (51) at the open site of the Dcheon Factory, Inc., Ltd., Inc., Ltd., located in Chocheon-si, Dacheon-si, Inc., Ltd. (hereinafter referred to as “FC-A60-13(n)”).

In performing the above work, there is a risk of accidents caused by fall, etc. because the weight of the above concrete file is considerable, and the defendant clearly confirms whether there is a person within the work radius, and then drives the vehicle, and accurately manipulates the mast, etc. supporting the forket and poke of concrete files, thereby preventing accidents caused by the fall, etc. of concrete files during the ordinary work.

Nevertheless, the Defendant loaded three concrete files using for forking vehicles, and the injured party continuously loaded two concrete files using forking vehicles after completing three fixed work of the above concrete files, and then loaded one concrete file (the fourth concrete file) among them, and then carried out follow-up work, the Defendant did not neglect the above duty of care, and without confirming whether the injured party is approaching the above concrete unit, the Defendant was placed in the tea.

5 The 5th concrete file in loading.

4 The second concrete file was crashed on the floor and covered by the victim waiting the lower part of the file.

Ultimately, the Defendant committed the above occupational negligence to the victim.

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