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(영문) 수원지방법원 2016.01.27 2015고단3025
업무상과실치사
Text

Defendant

A shall be punished by imprisonment without prison labor for ten months, and by imprisonment without prison labor for eight months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

E is a site leader of “G hospital construction site” performed by F, and H is a representative director of the I (State) awarded a contract for civil engineering works among the aforementioned new construction works from F (State). Defendant A is an employee of the I (State) and is a person in charge of safety management for the construction site, respectively, and Defendant B is a person engaged in the work of operating a digging machine at the site of civil engineering works and moving the H beam.

H around January 7, 2015, in order to move the sn beam remaining after the construction, H requested the victim J (60 taxes) who is a cargo driver to transport the sn beam, and the victim organized the h beam location of the h beamline up to the point of loading the h beam to the cargo sn beam in the process of moving the sn beam to the cargo sn beam onto the cargo sn beam.

Defendant

A and H, as a safety control manager at the above construction site, are obliged to prepare a work plan, including safety measures to prevent the danger of collapse, falling, falling, Jindo, Jindo, sweed and collapse, and designate a person responsible for work to command work in accordance with the work plan. Construction machinery of a vehicle shall be used only for the main purpose of the machinery. When transporting the sweed beam using a sweed system, the construction machinery shall be used only for the main purpose of the machinery. When transporting the sweed beam using two sweeds, the sweed beam shall not be cut off. Defendant B has a duty of care to ensure that the sweed beam is transported after fixing the sweed beam with two sweeds. While transporting the sweed beam in the process of transporting the sweed beam with a sweed system, Defendant B was carrying the sweed beam on the cargo loaded with the sweed beam, and thus, Defendant B was obliged to use the sweed beam in the course of transporting the sweed beam.

Nevertheless, Defendant A, E, and H did not prepare a work plan to prevent the sloping beam from falling.

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