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(영문) 대구지방법원 안동지원 2017.04.14 2016고단988
업무상과실치사등
Text

1. The punishment of the accused shall be ten months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

1. The Defendant is a person who entered into a contract for the development of friendship and labor at the construction site B at the permanent residence of the Korea Development Institute Co., Ltd. and worked for daily occupation.

On December 5, 2016, the Defendant, at the site of permanent residence around 08:40 on December 5, 2016, operated the C tunnel complaint vehicles owned by the U.S. Es. C in order to cover the straw at the construction site and resume work.

The Defendant is not a construction machine pilot’s license, and the instant accusation vehicle shall not be operated. Before operating construction machinery at a place at which workers are at risk of facing each other, the Defendant shall check whether workers are in the front room and operate the vehicle safely. When setting the vehicles for accusation work, the Defendant had a duty of care to prevent accidents by accurately manipulating the brake system, and has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so and led to the collision of the foreigner D(D, 35 years old) of the nationality of Thailand, who was working in the front of the above vehicle in the operation of the Defendant, when he was negligent in operating the above vehicle in a photographic decline.

Ultimately, around December 5, 2016, at around 08:40 on December 5, 2016, the Defendant caused the death of the victim due to the occupational negligence before the cardiopulmonary pulmonary end of the construction site.

2. A person who violates the Construction Machinery Management Act shall not operate construction machinery without obtaining a license as a construction machinery operator, and in order to operate a tunnel complaint vehicle which is a special construction machinery, he/she shall obtain a license as an on-board pilot;

Nevertheless, on December 5, 2016, the Defendant operated a tunnel complaint vehicle at the construction site C at the permanent construction site without a license of the pilot for the fore-board (08:40).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on the occurrence of a traffic accident and a report on a traffic accident (1) on actual condition;

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