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(영문) 대전지방법원 홍성지원 2013.09.10 2012고단1123
업무상과실치사
Text

Defendant

A shall be punished by imprisonment without prison labor for six months.

However, 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

Defendant

A around October 06, 2012, at the 09:55 on 09:5, G University Cheongsung-gun F, the victim H ( South, 52 years old) was engaged in the operation of the boom boom in the accusation work vehicle operated by the Defendant A and the operation of the boom boom boom boom boom boom boom boom boom boom boom boom boom.

In such cases, a person engaged in the operation of a motor vehicle for accusation work shall check the safety device of the motor vehicle for accusation work in advance so that the alarm device may be operated when boom booms are operated in excess of safety standards, and when the boom booms are promoted horizontally, he/she shall observe 25 meters, which is the safety standards, so that the working vehicle may not be transferred, and when he/she sets the motor vehicle for accusation work, he/she has a duty of care to prevent the balance of the 4 places of support from getting out of the motor vehicle.

Nevertheless, Defendant A, while fixing a motor vehicle for accusation, has been placed in the front center over the center, and the safety devices to prevent the booming from increasing the boom booming in excess of safety standards have not been accepted in the state of malfunction, and has been working by expanding the boom booming level from safety standards to 27 meters above the 2m.

In the end, Defendant A failed to raise the support price supported by the above boom boom group due to the above occupational negligence and transferred in the future, and the victim who was engaged in the work with boom boom boom boomed the floor down, thereby causing the victim to die on the same day on the same day.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. Statement of the police officer to I;

1. A report on the occurrence of serious accidents, and a written opinion of accident investigation;

1. A postmortem report and a written result of autopsy;

1. Application of statutes on site photographs;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. The suspended sentence is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.

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