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(영문) 대구지방법원 서부지원 2016.06.16 2016고단469
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six 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 representative of E in Daegu-gun, who is responsible for safety and health management for his/her employees.

A business owner has a duty of care to install a cover on the part of the machinery that is likely to face danger to workers, such as a power wheel, and to ensure that workers wear work clothes appropriate for the work, and to prevent the accident that the workers enter as soon as possible in the machinery.

Nevertheless, at around 17:10 on December 21, 2015, the Defendant, at the above place of business, had the Victim F (54 taxes) engage in a sniffing operation, which moves the room located in the drum of the drums of the sports (the drum and beam beam sniffing machine) to the sniff, without installing a cover on the siff of the above siffe at the siffe of the sports, and caused the victim’s death by negligence in the course of business not requiring the victim to wear work clothes suitable for the siffe at the siffe at the siffe of the sports. Accordingly, the Defendant met with the siffe at the siffe at the siffe at the siffe at the siffe at the siffe.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of police force taken against F;

1. Reporting on occurrence of serious accidents;

1. A corpse death certificate;

1. - Application of Acts and subordinate statutes governing accident scene photographs.

1. Relevant Article 268 of the Criminal Act concerning a crime (the point of violation of the duty to take preventive measures against danger) and Articles 66-2 and 23 (1) 1 of the Industrial Safety and Health Act (the point of violation of the duty to take preventive measures against danger);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant, the employer of sentencing Article 62-2 of the Social Service Order Criminal Act, failed to fulfill his/her duty to take basic preventive measures against the victim by his/her worker, and thereby, he/she, has carried out the dangerous match work on his/her own.

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