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(영문) 대구지방법원 김천지원 2018.06.05 2017고단1558
업무상과실치사등
Text

Defendant

A shall be punished by imprisonment without prison labor for ten months.

However, the above punishment against Defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who takes charge of safety education and safety management at the site and instructs the employees under his/her command as the team leader of the G high-speed railroad repair work of the D Co., Ltd. that has been awarded a contract for the maintenance and repair of the F High-speed Railroad from the Korean Railroad Corporation.

Defendant

On September 12, 2016, at an open meeting of the I Office located in the Hahbuk-gun, Hahbuk-gun, 22:30 on September 12, 2016, A transmitted the fact that the work may be delayed due to an earthquake from the facility management department in charge of the appointment of the above facility-place trains, but it was delayed on September 13, 2016, and the KTX trains were in a situation where there was a high possibility that the above-line KTX trains did not pass the above work section, and even though it was clearly confirmed that the possibility of the above KTX trains will go through the work section, it was not clearly confirmed from the above J, it was ordered to start work with 10 employees, such as the victim K, and L, etc. under its jurisdiction.

In the facts charged, Defendant A did not notify the employees under his jurisdiction prior to the commencement of the recovery of marina and the diversification of line, that the work may be delayed due to an earthquake, and that the work may be delayed.

“” is described as one of the occupational negligence of Defendant A, but not guilty portion 2-

A. (1) For the same reasons as described in paragraph (1), there is a substantial connection between the omission by Defendant A and the occurrence of the instant accident.

It is difficult to see it from criminal facts.

As a result, Defendant A’s negligence on September 13, 2016 around 00:45, which caused the occurrence of an earthquake during the process of having the victim K, L, N, andO loaded equipment on the high speed railroad tracks near the high speed railroad M in order to recover waste gravel.

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