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(영문) 대구지방법원 서부지원 2020.02.13 2019고단1889
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a fertilizer production plant in the name of "C" in Gyeong-gun, Seongbuk-gun, Seongbuk-do.

1. At around 10:55 on February 11, 2019, the Defendant occupationally killed the Defendant’s occupational injury, etc., carried fertilizers loaded on the Drupture owned by the Defendant, along with the victim E, was engaged in the upstream work for moving the Frupture to the Frupture owned by the Defendant.

In such cases, the driver of the vehicle has a duty of care to check in advance whether the driver of the vehicle in possession is in operation of the vehicle, and to check in advance whether the vehicle in possession is in operation of the vehicle in order to prevent any defect caused by the failure, by leaving the vehicle at the lowest location or on the ground where the vehicle is in operation.

Nevertheless, the Defendant neglected to do so and set up a vehicle without safety measures despite being aware of the fact that the victim had been engaged in work between the front of the vehicle and the rear of the cargo vehicle, and left the place, and led the victim to have the said vehicle and the cargo vehicle in the future, and caused the victim to have the said vehicle and the cargo vehicle in the future. Accordingly, around February 12:24, 2019, the Defendant caused the death of the victim due to the pansive blood scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic in Jung-gu, Daegu-gu, Daegu, 130 square meters

2. The Defendant violated the Construction Machinery Management Act, without obtaining a construction machinery operator’s license at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. A death certificate, a report on the results of investigation of a deceased person, a autopsy, a photo on-site photograph, a field photograph, a construction machinery license for construction machinery, and a construction machinery register;

1. Application of Acts and subordinate statutes of the report of internal death (number 5, 11);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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