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(영문) 수원지방법원 여주지원 2016.10.05 2016고단761
업무상과실치사등
Text

A defendant shall be punished by imprisonment 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

1. Occupational Death Defendant is a worker who works for a company engaged in scrap metal and used materials wholesale retail business under the trade name of “stock company D” (hereinafter “D”) in leisure city Co., Ltd.

At around 11:00 on February 13, 2016, the Defendant: (a) from the victim E (the age of 45) who was engaged in selling scrap iron to Phump D at the open storage site; (b) upon the Defendant’s request from the victim E (the age of 45) who was in custody of the cargo loaded in the cargo box installed in the above open storage site by using the digging search unit, the Defendant carried out the work of leaving the cargo loaded in the cargo box installed in the above open storage site.

In this case, there is a duty of care to check whether there is a person or other material around the excavation season and prevent collision accidents in advance, because there is a risk that people face side of the body after the body.

Nevertheless, the Defendant neglected to look at the surrounding area of the scambling season and loaded the scambling with the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the above scambling season, and examined how the body of the body of the body of the body of the body of the body of the body of the body of the above scambing season remains, and caused the victim to wear the body of the body of the body of the body and the cargo.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence from the job to the beer and beer, etc.

2. Any person who intends to operate construction machinery shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu;

Nevertheless, the defendant has a construction machinery operator's license at the time and place of the above paragraph.

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