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(영문) 대구지방법원 영덕지원 2016.08.31 2016고정1
총포ㆍ도검ㆍ화약류등단속법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

D Co., Ltd. is a company that runs the business of screening and crushing aggregate, and enters into a contract to collect “G”, rocks and sand with the right to recover forests from Gyeongbuk-gun E and F, and Defendant A is a company that performs the relevant work. Defendant A is a person in charge of powders management in the above work site under the jurisdiction of the company.

In cases where the defendant is blasting powders as a person in charge of powders management, he shall take measures to prevent harm to people, livestock or buildings due to things scattered due to the blasting, and in cases where he is feared to cause damage to people, livestock or buildings, he shall take measures to prevent them, and in cases where he intends to blasting, he is a person who has a duty of care to extinguish powders after checking that there is no danger, such as placing a supervisor within a danger zone designated in advance to prohibit access other than the persons concerned and giving a warning

On October 22, 2015, the Defendant, at around 15:35, performed blasting work using powders 720 g and 40 detonating caps in the H site, and had a duty not to cause blasting accidents, such as installation of a tide pole in the vicinity of the blasting area so that earth and rocks may not be scattered off, but without installing a tide pole, sustained by negligence of the victim I (41) who was living in the vicinity of the blasting site and left the surrounding area of the blasting site so that there may be approximately 80 meters away from the blasting site. The Defendant sustained injury, such as the victim’s upper part of the part of the part of the victim’s left and left, due to the shock of approximately 12 weeks of the victim’s right and left part of the part of the blasting site.

Summary of Evidence

The defendant's partial testimony witness J, I's partial statement of the police interrogation protocol against the defendant, J, K, and I, each police's statement protocol against the defendant in the police interrogation protocol (Attachment of blasting work log and field photo, etc.), internal investigation report (Attachment of documents related to Corporation D's work), investigation report (Attachment of documents related to corporation's work), and each accompanying document [the defendant].

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