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(영문) 전주지방법원 남원지원 2018.05.29 2018고단15
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment 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 a business owner who has been awarded a contract for the transportation of trees harvested from the above F at the site of a tree executed by the F in the North Korea-gun C, D, or E.

In order to prevent any danger to workers, a business owner shall, when he/she engages in the work of using vehicle meters, loading and unloading, transportation, machinery, etc., prepare a work plan which includes prevention of the danger, such as the fall, falling, electric shock, narrowing, collapse, etc., route of operation, work method, etc., and have the workers perform the work in accordance with such plan, and, when the work of using the vehicle meters, loading and unloading, transportation, machinery, etc. is likely to cause danger to workers, he/she shall take measures to guide the machinery, to prevent the corrosion of the ground and the collapse of the sideway.

Nevertheless, the Defendant did not prepare a work plan despite the work of transporting trees by using a track dump truck, which is a truck transporting engine for loading and unloading vehicles, but did not take measures to prevent the subsidence of the ground and the collapse of the side, on April 21, 2017, by negligence, which caused the death of the victim of the person who is employed by the Defendant at the work site at the above work site, by driving a track dump truck, which is a truck transporting engine for loading and unloading vehicles, in excess of the balance due to non-permanent steel, etc., while transporting trees, the victim G was driving the above truck at the above work site at around 20:53 on the same day and after around 20:53 on the same day, the victim of the truck at the above time did not go beyond the balance due to low blood shock, etc. from the South Wonwon Medical Center located at 365, Namwon-si, which had been treated for transmitting.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the F part concerning the statement);

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Each police statement made to H and I;

1. Copies of the police statement made to J;

1. A death certificate;

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