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(영문) 부산지방법원 서부지원 2017.07.17 2017고단421
교통사고처리특례법위반(치사)
Text

Defendant

A Imprisonment without prison labor for a period of ten months, Defendant B, and C shall be punished by a fine of ten million won, respectively.

Defendant

B.

Reasons

Criminal facts

Defendant

B The representative director of the defendant C corporation in Busan City F is a person in charge of the safety and health management of interest, and the defendant A was a person who was engaged in the business of dump trucking aggregate loaded by driving the log, a construction machine, at the place of business of the above company.

1. On March 17, 2017, Defendant A, at around 16:45, driven a dump truck, construction machinery, in order to drive aggregate attached to a dump truck at the place of business of C Co., Ltd.

In such cases, in order to secure the view of the front side, the driver of the route has a duty of care to check whether there is no workman in the nearby area by properly adjusting the location of the front line, and by checking well the left and right of the front line, and drive safely.

Nevertheless, the Defendant neglected his/her duty and caused the death of the victim by neglecting his/her equipment, putting the head of the victim G (the remaining, 55 years old) who was reporting the situation of his/her work in the front door, and putting the victim's body over the floor and putting the victim's body back to the floor.

2. Defendant B

(a) Where a business owner violating the Industrial Safety and Health Act due to the death of G workers engages in the work of using construction machinery in the workplace, he/she shall conduct a prior investigation into the topography and ground conditions of the relevant workplace in order to prevent the danger of workers due to the fall of the relevant machinery, collapse of ground, etc., and prepare a work plan which includes the types and performance of the construction machinery in the vehicle system used in consideration of the results of the investigation, the route of operation of vehicle meters, the work method by vehicle meters, etc. in accordance with the relevant plan, and shall allow workers to enter the workplace unless they are placed in contact with the relevant construction machinery in the vehicle system and induce construction machinery in a place where there is a danger that workers face facing each other;

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