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(영문) 수원지방법원 안산지원 2019.06.05 2018고단4648
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is the head of the site at C’D Construction site located in Sisti, the victim E (the age of 39) is a truck engineer belonging to F Co., Ltd., and the Defendant, around 10:00 on May 19, 2018, entered the construction site by driving a G dump truck on which the victim loaded aggregate and entered the said construction site. The Defendant transferred the said truck, thereby allowing the truck to lower aggregate.

In the above construction site, there is a risk that a truck will be cut off when the truck stops aggregate by operating a boom boom because the height of the ground is not high, and there is a risk that the truck will be cut off. In such a case, the defendant, who is the head of the above construction site office, has a duty of care to check the safety state of the place where the aggregate will be lowered, to post signal numbers to induce the truck, or to stop aggregate by inducing the victim's truck directly, and to prevent the accident by receiving accurate signals.

Nevertheless, while neglecting this, the Defendant did not check the safety conditions of the place where the aggregate was lowered, the Defendant sent a water signal directly to the victim to induce the truck, and sent a hand signal to the effect that the victim’s truck would also drop the aggregate as the victim’s truck stops, and that the victim is at risk of getting off the aggregate because the surface of the floor is not flat, and the victim said that it would be dangerous for the victim to drop off the aggregate. However, the Defendant was negligent by the negligence that sent the string hand of the truck to lower the aggregate on one occasion by the victim, which led the entire truck to the direction of driving the truck due to the imbalance of the ground while the victim stopped the aggregate at the direction of the Defendant.

Ultimately, the Defendant’s occupational negligence caused the victim to take approximately four weeks of medical treatment, such as the left-hand salone abandonment.

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