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(영문) 서울북부지방법원 2014.07.22 2014고정1003
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, as the site director of the company C, is a person in charge of safety management at the new construction site of the Ed Association in Seoul Special Metropolitan City, Nowon-gu.

Since the above construction site is a child protection zone in which an elementary school is located in the vicinity and the delivery immediately adjacent to the construction site is very narrow to the extent that two or more people are crossing, there are various risks due to the passage of the elementary school students including elementary school students who are naturally expected to have a large amount of traffic, such as elementary school students who are in short of caution.

In such cases, the defendant, who is the person in charge of safety management at the construction site, has a duty of care to manage construction materials so that they can be kept on the construction site and prevent accidents in advance.

Nevertheless, at around 08:30 on November 22, 2013, the Defendant did not take necessary measures to ensure safety, such as where, in the construction site and its surrounding areas, the employees in the construction site left the iron pents, which are materials of the construction site, so that they can escape from the delivery immediately next to the construction site. As a result, the Defendant moved another student from the victim F (n, 8 years old) who had taken over the said construction site at the same time to avoid another student.

Along with the foregoing steel pents, Embama had been faced.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the three-day period of medical treatment.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Each police statement of the F, G, H, and I;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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