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(영문) 대전지방법원 홍성지원 2019.01.25 2018고정65
업무상과실치상
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is an employee of the Company B, who works for the “C” construction site and works for the field supervision from February 1, 2016, and is engaged in the direction and safety management of the construction site.

On May 20, 2015, the above company installed a guard day in order to prevent the fall of pedestrians and agricultural machinery, etc. travelling from the Dilwon in the Chungcheongnam-gun, Chungcheongnam-gun, the company suspended construction without installing a guard day at approximately 4.4 meters away from the end side of the E at the end for the construction of the agricultural water pipe and the local waterworks pipe. The section installed without a guard day at the end of the Eth 4.4 meters away from the edge of the Eth gate. The above section installed at the guard-day adjoins to the village access road and the roadway in the state where the height to the river to the river is approximately 3.2 meters, and a slope close to the vertical length is formed. In particular, at night, there was no light such as street, etc. at night, and thus there was a danger of falling into a downh.

Therefore, the Defendant, who is engaged in the safety management at the construction site, could sufficiently anticipate that he or she may fall and sustain an injury while driving through the section where a person passing through the construction site or a farming machine is not installed, and thus, he or she has a duty of care to prevent the occurrence of the fall accident by installing obstacles in the section where the Garail is not installed and installing sufficient devices to prevent the entry of the trafficer or to warn the danger of falling, in particular, by taking measures to ensure that the traffic manager can know it at night.

Nevertheless, the Defendant neglected this and neglected to bring two plastic transits to the installed section of the Garail, and neglected to move easily, and the victim F (n, 57 years old) who passed the Garail around June 27, 2016 passed through the section where the Garail was not installed, thereby falling down below the bank.

After all, the defendant, through the above occupational negligence, has the victim receive approximately 32 weeks of treatment.

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