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(영문) 부산지방법원 2013.12.26 2013고단3705
업무상과실치상
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a Crain driver.

On October 17, 2012, around 10:30 on October 17, 2012, the Defendant was engaged in removing steel stairs installed on the outer wall of the above factory in Gangseo-gu Busan Metropolitan City.

First of all, victim E (the age of 47) grouped out of the above stairs to the stairs connected to the boom boom boom boom which the defendant is driving, and even if it is divided into a foom boom which is connected with the factory outer wall and the stairs, the stairs suspended boom boom boom at a position that can be fixed on the factory outer wall even if it is divided into a boom boom boom which is ordered by the defendant.

In addition, on the above stairs, the victim separates one of the four V, which connects the factory outer wall and stairs, and the F separates two of the above V, and the victim was able to separate the rest of one V.

However, the booming associated with the above boom group is in a tension with the above stairs, and even if a boom connecting the factory outer wall and the stairs is separated, the stairs are suspended at a position that can be fixed on the factory outer wall, so there is a risk of the accident that the victim might fall away from the outer wall of the factory due to the difference between the location of the boom group and the stairs connected to the factory outer wall, so the defendant has a duty of care to prevent the accident by driving the boom group in advance according to the direction of the victim only when he takes care of the movement between the victims on the stairs and takes instructions of the victim.

Nevertheless, the Defendant neglected to complete the work as soon as possible and did not instruct the victim, but changed the location of the boom boom, which connected the wall and the stairs, and caused the victim to fall down with the wall by lowering the stairs from the wall.

In the end, it is eventually.

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