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(영문) 부산지방법원 2013.03.20 2012고단7608
업무상과실치상
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is a person who operates the removal construction business without trade name, etc., and a business owner who performs the removal work inside the third floor of the building in Busan Jin-gu C.

On August 4, 2012, around 07:40 on August 4, 2012, the Defendant leased from D the clock clicker and the victim E, a driver, to allow E to remove the building using the clock clock clicker.

At the time, the Defendant leased the click clocker and driver, put the clocker on three floors, let the clocker remove the clocker, and there was a danger of accidents such as clacker, etc., so the clacker and driver leased the clacker and driver had a duty of care to prevent accidents by taking measures such as the contents of the operation, the direction system, the method of communication signal, the route of operation, the restricted speed, and other matters necessary to prevent industrial accidents caused by the operation of the clacker and the operation of the clacker, and safety education for working workers before carrying out work, and installing safety devices around the clacker in preparation for the danger of fall, and by taking measures such as having the driver move the clacker safely after getting the clacker up the 3rd floor and moving the clacker.

Nevertheless, without taking such measures as above, the Defendant: (a) caused the victim to break a scke and move the sckeer to move the sckeer; and (b) caused the victim to fall into the first floor with the sckeer over the third floor sckes; and (c) caused the victim to suffer injury, such as a sckes, which require treatment for at least four months.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and E;

1. A situation report, safety accident report, on-site inspection place, and on-site inspection;

1. The investigation report(s) shall be accompanied by a letter of opinion;

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