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(영문) 광주지방법원 2017.12.22 2017고단4208
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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

Reasons

Punishment of the crime

The defendant is an on-site agent of E (State) who is an executor of D's work to re-Packing containers on Nowon-do in 2017 on an old-age road in 2017 and is a general manager at the construction site.

On April 1, 2017, the Defendant instructed H to operate the G Hospital 3 distance located in Naju City, G Hospital located in Naju City, located in the said construction section, and operated I to get H to carry out the operation of her stringer construction machinery, leading to the direction of Gwangju in the direction of the direction of the base of the base. Accordingly, H was engaged in the operation of her roller construction machinery and repeated operation of her stringer construction machinery and repeated operation of her strings and backs on the old street and repeated operation of her strings on the old street.

However, it is a place near the intersection where the passage of a motor vehicle or motor device bicycle is frequent. In such a case, the defendant had a duty of care to prevent the traffic accidents, such as where he/she resides at the construction site and installs safety facilities, such as construction sign, traffic restriction sign, container, etc., in the vicinity of the construction site, or where he/she has a duty of care to prevent in advance a traffic accident, such as where a motor vehicle or motor device bicycle, which passed the road by placing a signal number, conflicts with the construction machinery.

Nevertheless, the Defendant neglected this and failed to take measures such as installing safety facilities, such as guide signboards for construction, traffic restriction signs, containers, etc., or posting signal numbers at the above location, and had the above H drive the roller construction machinery at the above location and drive the ice.

Accordingly, the Defendant caused the death of severe brain damage, etc. at G hospitals located in Linju City, around 13:17 on the same day due to the shock of her strings, which were placed in the K-to-k-kk-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

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