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(영문) 창원지방법원 2015.08.13 2015고단1280
업무상과실치사
Text

Defendants shall be punished by imprisonment without prison labor for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the field staff of the (oil) D, which is the cargo-handling, in Changwon-si, Mucompo-gu C and 1423, and the defendant B is the head of the above company, who is the person in charge of safety management at the F site in Seongbuk-gu E in Sungwon-si, Sungwon-si, the company is the person in charge of cargo-handling work.

On January 30, 2015, at around 09:45, Defendants, using power generators (weight: 1.3 tons) to fix cargo loaded on a ship in F, performed loading and unloading work on trucking vehicles using power generators (weight: 1.3 tons).

Defendant

A has no driver's license, and in the event of driving, A has a duty of care to check and drive the safety of workers within the radius of the work in the event of operating, and Defendant B has a duty of care to take safety measures such as taking safety measures such as giving safety instructions to Defendant A, a driver, because there is a risk of decrease in the power generation period in the event of operating and loading and unloading by allowing a skilled employee with driver's license as a field safety manager.

Nevertheless, Defendant A, while driving a vehicle without a driver’s license, was negligent in performing the duty of care by neglecting the duty of care to properly confirm the surrounding area of the vehicle. Defendant B, without a driver’s license, was negligent in neglecting the duty of care to drive the vehicle. Defendant A, without a driver’s license, neglected to give safety instructions to the above A, which led the victim G (the 60-year-old driver) who is the driver of the above truck, who was carrying the vehicle for which Defendant A used to drive the vehicle.

As a result, the Defendants jointly caused the victim's death by occupational negligence at the same place as the above 09:40 on the same day by acute respiratory failure.

Summary of Evidence

1. Defendants’ each.

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