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(영문) 대구지방법원 포항지원 2014.09.19 2014고정316
업무상과실치상
Text

The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On January 26, 2014, around 16:57, the Defendant operated the moving c'C's 'C' construction site located in North-gu, North-gu, North-gu, North-si, in order to transport steel structure (H beam) by operating the moving c's c's d'W to the Defendant's d's possession at the construction site.

A person engaged in moving-type work who conducts a ground survey at a place of work and installs a string string on a solid floor that verifies support power, and where it is necessary to prevent a collapse or to reinforce it, he/she has a duty of care to take measures to prevent the collapse of the ground, such as not installing a string at a place where there is a risk of earth collapse, such as cutting and filling-up line.

Nevertheless, even though there is a concern over the ground subsidenceing between the concrete floor and the soil floor, the Defendant, without taking sufficient measures to prevent this, installed a mobile string of the string, and the ground for the installation of the string of the moving strings behind the left side of the mobile strings while carrying out the steel structure transport work, collapses without being fright up and the strings turned down to the left side, and the strings turned down to the left side, the boom’s boom boom boom booms of the victim E (58 years old) who was working at the site.

As a result, the defendant suffered from occupational negligence the victim's alley felbris, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes related to investigation reports (Attachment of relevant manuals), investigation reports (Attachment of mobile rail work guidelines), field photographs, internal investigation reports (Attachment of photographs), investigation reports (Attachment of photographs), and investigation reports (attached of medical certificates);

1. Relevant Article of the Criminal Act and Selection of Penalty for the Crime. Article 268 (Selection of Fine)

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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