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(영문) 대구지방법원 상주지원 2015.11.17 2015고단478
산업안전보건법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a business owner who operates the automobile repair business using 12 full-time workers under the trade name of C-Motor vehicle maintenance at the time of resident stay, and is a person who controls and supervises all matters concerning safety and health of his/her employees.

When performing maintenance, cleaning, oil supply, inspection, repair, replacement, or adjustment work of machinery, transportation machinery, construction machinery, etc., or other similar work, the defendant shall stop the operation of the machinery concerned if the handling of heavy objects is likely to cause danger to workers, and in the course of performing the handling of heavy objects, the defendant shall prepare a work plan including safety measures to prevent the fall, fall, electric failure, and narrow arrival danger in order to prevent the danger to workers, and, in the event that such work plan is prepared, the defendant has a duty of care to designate an ordering person and have him/her perform the work in accordance with the work plan.

Nevertheless, at around 09:28 on May 9, 2015, the Defendant: (a) performed the maintenance work of the victim D (Nam, 43 years of age), who is an employee of the said workplace, by placing five ton towing vehicles owned by the said workplace in the lifts; (b) did not require the said vehicle to stop driving; (c) did not prepare a work plan including safety measures to prevent risks to workers; and (d) did not designate a work commander and have him/her direct work in accordance with the work plan; and (e) did not require the vehicle owner to designate him/her to take part in the operation under the work plan, while he/she was working in the lifts, after the repair of the vehicle, the vehicle was flick between the vehicle and the floor, and the victim was flick with the wind of the vehicle, and at around 13:30 of the same day, the victim died from a shock shock in the Gyeongbuk University Hospital located in the Daegu-gu Eastdongdong on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Reporting on findings of surveys on serious accidents;

1. Disaster investigation;

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