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(영문) 대구지방법원 2016.03.18 2015고단4552
산업안전보건법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Where a business owner installs a cover, a sound, a slick, a slick, a slick, a slick, a slick, a slick, etc. on the part of a machine that is likely to be in danger to workers, such as a chain, etc., and where he/she handles the machinery slicked by a worker on the day, structure, or a slick, he/she shall ensure that he/she uses a wall with no risk of slicking by his/her hand, such as a slick, etc. which is fast to the worker's hand.

Nevertheless, on April 7, 2015, the Defendant, operated by the Defendant in Daegu Northern-gu C on April 11:35, 2015, without installing protective devices, such as a cover, on the backhead of the line, and had a worker E use a stock farm bed, resulting in the death of the head, etc. due to the brain side of the two alleys around 03:36 around May 23, 2015.

Summary of Evidence

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to F in the police statement protocol;

1. Each statement in the submission of a death diagnosis certificate, a life-finding report, and a written opinion on accident investigation;

1. Application of Acts and subordinate statutes to record CCTV images;

1. Article 66-2 of the relevant Act and Articles 23 (1) of the Industrial Safety and Health Act concerning facts constituting an offense, and Articles 66-2 and 23 (1) of the same Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing as set forth below) was that the Defendant did not take safety measures and died of the employee, and did not reach an agreement with the bereaved family members of the deceased employee. However, the instant death accident appears to have caused the negligence of the victim during the work, the Defendant made efforts to recover damage by depositing KRW 35 million for the bereaved family members, and the Defendant did not have any specific criminal record other than the punishment imposed once by driving under the influence of alcohol.

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