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(영문) 대전지방법원 2013.07.17 2012고단4523
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a witness of a limited liability company C, who is engaged in the management of booms.

On June 10, 2012, the Defendant: (a) around 14:50, at the site of the construction work of the D Apartment Basic Complex at Sejong-si, carried out the work of cutting off the scrap, scrap, scrap (one ton, four meters in length) and steel rinks, which are the construction equipment, to five tons of freight driving by the victim E (55 years in length).

In such cases, F, who is the site manager of a limited liability company C, shall use the loading and unloading transportation machinery when transporting or handling heavy objects, and when handling heavy objects, he/she has a duty of care to prepare a work plan in consideration of the results of the investigation and to make the work plan in accordance with the plan, and the defendant has a duty of care to prevent accidents by taking measures such as equalizing the construction site prior to the operation of the car in order to prevent the danger of workers. Due to the topography that was unsatched at the construction site at the time, the above cargo vehicle has been flued due to the fact that the cargo vehicle is fluddated due to the fact that, even if the vehicle is loaded after being loaded, there is a risk of an accident, such as scrap, even if the vehicle is loaded after being loaded, there is a risk of an accident, and thus, he/she has a duty of care to prevent accidents.

Nevertheless, F has neglected the above duty of care and let a defendant transport heavy objects using a scools other than loading and unloading transport machinery, and without preparing a work plan for handling heavy objects, etc., the defendant did not take necessary measures to prevent any danger caused by bad working methods, etc., and the defendant neglected such duty of care and neglected to load the freight onto the scoos scoos, screen scoos, and so on.

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