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(영문) 인천지방법원 2015.10.22 2015고단5217
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than five 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 is a person in general charge of safety and health in the construction site where he/she has been awarded a contract for the Fcar Pa Pac in Jung-gu, Incheon, Jung-gu.

At around 11:30 on May 6, 2015, the Defendant had the victim G (59 years of age) who is a daily worker at the site of the foregoing construction work do the work of installing a wooden block.

At the time, the victim installed a wooden block at a height of about 2.35 meters from a bridge. Since there is a risk that workers might fall during the work, in such a case, the defendant had a duty of care to prevent the fall from an accident in advance, such as installation of a work plate by means of providing safety caps to workers, assembling a bridge, etc.

Nevertheless, the Defendant neglected this and caused workers to wear safety caps, and caused workers to do work without installing a work plate, thereby falling the victim who installed a wooden block above on a shooting bridge.

Ultimately, around May 16, 2015, around 15:06, the Defendant caused the victim to die at the KatoTol University International Escambro 100 paths, Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, by its occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. A contract for construction project payment, a business registration certificate, an emergency center records, a schedule of the Fcarf works, a statement of account transactions, a detailed on-site photograph, and a written opinion of disaster investigation;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 268 of the Criminal Act, Article 66-2 and Article 23 (3) of the Occupational Safety and Health Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act provides that the Defendant shall be punished by a fine in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around 192.

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