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(영문) 대구지방법원 경주지원 2017.09.27 2017고단221
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

Since the Defendant acquired a construction machinery pilot’s license on June 29, 1989, the Defendant is a person who has been engaged in the business of leasing construction machinery under the trade name of “C” from around May 1998, or using construction machinery.

On October 11, 2016, when the Defendant received a request from the victim D (42C) on October 11, 2016, the Defendant installed a F string in front of the nearby laund, approximately 15 meters away from the above building, installed a F string in front of the laundry station in the vicinity of the 15 meters away from the above building, and operated a stringer and a powder to get off the water tank in the rooftop.

At the time, the rooftop tower with a water tank did not enter the view, and the victim D played a new lake role on the roof tower 5 meters from the rooftop. Thus, the defendant, who is engaged in the construction machinery operation, had a duty of care to prevent the occurrence of an accident by moving the water tank from the water tank to the outside of the water tank vertically by making it possible for the defendant, who is engaged in the construction machinery operation, to directly check the height, etc. of the water tank before commencing the work, and to sufficiently develop the height and the length of the tank, and moving the tank from the water tank to the outside of the water.

Nevertheless, the Defendant neglected this and started the work of the water tank with snow strings without directly examining the condition of the water tank on the rooftop, and failed to sufficiently secure the height of the strings and the length of the strings, which led to the Defendant to fall below 5 meters by the negligence of moving the water tank from the water tank vertically to the outside of the water tank. The water tank with the string of the strings of the strings and shocked the damaged person who served as a signal number in the string of the string, thereby falling below 5 meters.

Ultimately, the Defendant is above.

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