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(영문) 대구지방법원 의성지원 2017.08.10 2016고단227
업무상과실치상
Text

1. Defendant A shall be punished by imprisonment without prison labor for six months;

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are employees of E Co., Ltd., and Defendant A is in charge of power distribution and Defendant B is in charge of field safety and health management.

On August 13, 2015, from around 09:20 to around 10:00 on the same day, the Defendants came to perform the activity for the activation of the GS opening and closing machine at the solar power generation site in the F of the Gyeong-gun F of the Gyeongbuk-gun. (The Defendants connected the electric wires installed in the gas-saving equipment and the Korean power construction).

Defendant

A had a duty of care to check whether the opening and closing machine is properly operated in the installation of a GS opening and closing machine, and to check the location of the opening and closing machine in the state of OF. Defendant A had a duty of care to prevent accidents, such as allowing a person in charge of pre-use inspection following Defendant A not to contact high voltage currents. Defendant B had a duty of care to take safety measures necessary for preventing accidents, such as checking whether the operator of the electric distribution business was supervised and finished normally as an instruction and supervisor for the implementation of the GS closing and closing machine.

Nevertheless, Defendant A, who installed the GS opening and closing machine, moved to a different place without delay after leaving the place as ON, Defendant B neglected his duty of care for each business, such as ordering Defendant A to work alone and not taking any safety measures. On the same day, Defendant B, who was in charge of the pre-inspection of the use of solar power generation facilities around 11:27 on the same day, was contacted with electric wires during the process of repairing electric wires inside the panel in the same year after the LBS panel in the same year, and suffered 3 degrees of electric images on the shoulder and arms except video and hand.

Summary of Evidence

1. Each legal statement on witness G, H, I, J, K, and L;

1. An investigation report (limited to attachment to a contract agreement for power distribution works);

1. Application of Acts and subordinate statutes of a medical certificate;

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

A. Defendant A: Criminal Act.

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