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(영문) 대전지방법원 2012.09.06 2012고단2111
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant ordered the construction division of Daejeon Seo-gu, Daejeon, and C limited liability company performed from November 25, 201 to May 22, 2012, the site manager of the “D” site, and the Daejeon, Seo-gu, Daejeon, to the F parking lot, has overall control over the business affairs and safety management of the construction site of the road, and the safety management of the road, within 150 meters from the Seo-gu, Daejeon to the F parking lot.

However, there is a risk that the report will be narrow and boomed with support stand in order to install a cryp for the above construction work and support a cryp. Therefore, the defendant, who is the head of the site office, has a duty of care to prevent accidents in advance due to the entry of the public by installing a construction guide sign, light light, private light, safety pents, etc., and notifying the risk of the construction site or controlling the public's access to the construction site.

Nevertheless, on May 15, 2012, the Defendant neglected this and did not install any safety facilities other than a simple safety triangulation at the construction site, and caused the victim H (45 years of age) who was unable to properly recognize the construction site in front of the Seo-gu Daejeon Gcafeteria on May 16, 2012, by negligence in the course of business, to go beyond a pipe to the support unit, which became a part of supporting the drainage pipe, while getting a bicycle wheels to go through the construction section.

Ultimately, the Defendant suffered injury to the victim, such as an open frame in light of the body body body body body, accompanied by a non-alleys that require approximately 14 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Photographs of a place of accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and the selection of punishment for the crime (Selection of a fine in consideration of the fact that there is an agreement between the victim and the victim late and late);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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