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(영문) 대구지방법원 포항지원 2017.08.09 2017고단678
업무상과실치사
Text

Defendant

A and B shall be punished by imprisonment without prison labor for ten months, and Defendant C shall be punished by imprisonment without prison labor for eight months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[Based on the premise] D Co., Ltd. was a corporation performing “F” in the construction of “E” contracted in KRW 13.8 billion from SK Telecom, which was awarded a contract in KRW 4.3 billion to March 24, 2016 through March 26, 2017. Under the subcontract contract, D Co., Ltd. was in charge of the work related to the implementation of work as the on-site leader in “G Corporation” from October 31, 2016 to November 3, 2013 of the same year, at H and Sposi-gu I (hereinafter “the Construction”). Defendant A was in charge of the work related to the implementation of work as the on-site leader in this case from the Construction to D Co., Ltd., and Defendant B was in charge of the work related to the field supervisor in the Construction site from the Construction site to D Co., Ltd. as the manager of the Construction site, and Defendant D was in charge of the work related to the construction site manager of the Construction site.

[2] Around October 13, 2016, K employees of D Co., Ltd. decided to act on behalf of the company SK Telecom with permission to occupy and use roads, and applied for permission to occupy and use roads to the National Land Management Office for the purpose of installing communications poles and communications lines on the 11st page of L Co., Ltd., but on October 31, 2016, it was impossible for K Co., Ltd to act on behalf of the company, and Defendant B reported the fact of non-permission to occupy and use roads as above from the above K around October 31, 2016.

Nevertheless, Defendant B instructed Defendant A to proceed with the construction of this case, and accordingly Defendant A was performing the construction of this case together with Defendant P and victim P, at the two-lane national highways No. 69:50 on November 3, 2016, the national highways No. 69:50 on the port line M around 09:50 on November 3, 2016.

The work of installing a optical cable on the earth, such as one set of aerial cables, shall be between a light which a workr gets into the air and a light which gets into the air, along with a line which a workr gets into the road and another opposite road.

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