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(영문) 수원지방법원 안산지원 2017.05.31 2017고정18
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the work of operating Eracs.

On September 12, 2016, the Defendant operated the said string along G in F when light lighting around 12:00 and moved goods.

At that time, there is a high-tension line, so a person engaged in the operation of the Crest has a duty of care to prevent accidents by performing work while maintaining a distance of at least five meters from the high-tension line.

Nevertheless, the Defendant did not follow the direction of the Victim H(58)(S) that he had high-tension lines, and operated the string continuously, and had the victim I(78 tax) and the victim H reduces the flow of the high voltage line to the current of the high voltage line by work closeing about about 2 to 3 meters high pressure lines to the high pressure line.

As a result, the Defendant suffered, by the aforementioned occupational negligence, the victim I suffered approximately two-day images, 2-3-do images of the right hand, and 2-Do images of the shoulder and arms, except for the hands and hand, which require treatment for about six days between the victim H.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A medical certificate with regard to I;

1. A written diagnosis of injury to H;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning criminal facts (the defendant has a duty of care to safely work to prevent the occurrence of electric shock accidents related to high voltage lines when he/she works at a place where high voltage lines are installed, as a caterr engineer) under Article 268 of the Criminal Act;

It is reasonable to see as follows)

1. Article 40 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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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