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(영문) 의정부지방법원 2018.02.22 2017고정2253
업무상과실치상
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who performs concrete string operations at the construction site in the Gui-si 8th floor of the Gui-si C Building using pumps, and E is the representative of the “F” chain of the construction execution business.

At around 14:40 on February 4, 2017, the Defendant and E were engaged in the work of raising the processed water in front of the entrance road ( India) of the 1st floor of C building, which is the construction site, to the eightth floor construction site.

At the time, the location of the building is handed over, the passage of people as the entrance of the building is high, and thorough inspection of the number of equipment, etc. is conducted, and there is a duty of care to prevent accidents such as bypassing the visitors to the building and road traffic users by placing guidance personnel to prevent damage to traffic users.

Nevertheless, the defendant and E neglected to perform their work and caused the number of houses that are not capable of showing high pressure on the second floor of the building in which they were located, and served as meals on the second floor of the building in which they were located, and the victim H(70 years of age) and the victim H(41 years of age) were rapidly avoided the sound in which the number of houses was placed, and correspond to concrete (consected).

As a result, the Defendant and E jointly suffered from the victim G by negligence in the above business, about two weeks of diversous salt and salvous salt, and the victim H suffered from the climatic and the right-hand salvous salt that require approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. The statement protocol of the police concerning E, and the protocol of interrogation of the police;

1. The application of Acts and subordinate statutes to each medical certificate and a copy of the interior contract;

1. Articles 268 and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The conciliation was established in the relevant civil procedure between the defendant and the victims for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and this is therefore.

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