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(영문) 대전지방법원 홍성지원 2020.06.09 2020고단203
업무상과실치사등
Text

Defendant

The punishment against A shall be determined by imprisonment with prison labor for eight months and six months for Defendant B, respectively.

(b).

Reasons

Punishment of the crime

1. On November 17, 2019, in order to load and unload the catch, etc. shipped to the above C at the landing place of the E-association auction house located in Boan-si D, E-association auction house located in Boan-si, and around 07:06 on November 17, 2019, Defendants A operated the F Hyundai Scki truck with mobile straw strawers installed. Defendant B employed Defendant A and the owner of the above C and the above straws to load and unload the catch.

In such a case, Defendant A has a duty of care to safely operate clers by observing the length of booming boom and the limit of the point distance of the clers in the state where safety rules are clearly well-founded, and at the same time, Defendant A has a duty of care to safely operate clers by complying with the starting point of the clers and the starting point of the clers.

In addition, Defendant B performed the safety inspection of the above cranes to meet the standards for inspection determined and publicly notified by the Minister of Employment and Labor, and Defendant B had a duty of care to make a person with clear knowledge of the operation method of the scrap drive the scrap.

Nevertheless, Defendant A neglected this and did not operate the prevention device prior to the operation of the above Crain, and without installing a auxiliary Arain, installed the steering grrier’s steering board at the end side of the wharf, which may endanger the right side of the front side of the wharf. At the time of the above Crain, even though the length of boom and the booming point distance are 2.1 ton, Defendant A did not 2.59 tons of the b.59 tons of the boom net, and did not take all measures to control people’s entry within the workplace, and the above measures were not taken.

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