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(영문) 수원지방법원 안산지원 2016.11.30 2016고단1882
업무상과실치사
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, with respect to Defendant B, the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From December 2014, the Defendants, as employees of FF Co., Ltd. from around the subway construction site, have been in charge of the signalling work at the time of loading and unloading while working in the subway construction site. G is a person who is engaged in the work of transporting and loading construction materials by driving a construction machinery operator's license.

At around 15:30 on January 15, 2015, the Defendants: (a) requested by the KJ vice-general of the Company F to temporarily load steel materials to be used in another place of business; (b) requested by G, the operator of the fore-going vehicle to temporarily load the steel materials to be used in another place of business; and (c) requested by G, the operator of the fore-board vehicle to perform the 16 loading and unloading of steel materials loaded in the fore-board vehicle operated by the fore-board; and (d) took charge of the signal number on the left side of the steel materials.

The Defendants, who play a signalling role in loading and unloading operations using the forek trucks, have a duty of care to prevent the collapse of the loaded goods by loading materials at a low level of not less than 3 to 4 floors, and by allowing the loaded materials to be loaded in line with it after checking whether the ground is flat.

Nevertheless, the Defendants neglected this so that G, a driver of the tea, can store the steel materials with the height of six floors at a place where the ground was dried (the first floor, the second floor, the fourth floor, the fourth floor, the fourth floor auxiliary steel materials), the fourth floor, the fourth floor, the fourth floor auxiliary steel materials, the fourth floor, the second floor, and the second floor auxiliary steel materials, and the subsequent two parts, which were dried up on the fourth floor, were loaded so that the degree between the second and the second parts is wide. Accordingly, the Defendants followed the last part of the three auxiliary steel materials, which were dried up on the fourth floor.

As a result, Defendant B’s new shares of G are used to make all auxiliary steel materials of 5-6 stories at the same time.

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