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(영문) 대구지방법원 경주지원 2017.03.30 2016고단913
업무상과실치사등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is equipped with accommodation facilities in racing-si, B, etc. and runs accommodation business under the trade name of “C”.

On June 21, 2016, around 03:30 on June 21, 2016, the victim D(22 tax) and victim E (21 tax) were accommodated in the 5th floor of the C building in racing-si, and drinking in front of the second floor railing.

At the time of drinking, the victims were in a state of drinking and there was a high risk of falling accidents in close vicinity to the rail of the second floor wooden building. In such a case, the defendant operating the lodging business had a duty of care to prevent the crash accident in advance by safely installing a rail in accordance with the standards of the relevant Acts and subordinate statutes, such as the Building Act, and by safely managing and maintaining the rail, attaching a warning note on the rail, or notifying the users of cautions on the railing.

Nevertheless, on October 2014, the Defendant neglected this and installed a string rail with a height of 0.82 meters below 1.2 meters under the Enforcement Decree of the Building Act, and did not attach a warning to the string, but did not notify the users of the precautions. Thus, the Defendant was negligent in failing to inform the users of the directions. The Defendant’s negligence, when the victim D, who fried on the 2nd floor of the 2nd rail of the building in question, was under the influence of alcohol, went beyond vadle due to the influence of alcohol, went beyond vadle with the victim E, who fried it, and the said rail was not tanked, and led the victims to fall into the floor, and caused the victims to fall.

Ultimately, the Defendant, by such occupational negligence, caused the death of the victim D, due to brain liverage, etc. while receiving treatment from G hospitals located in Nam-gu, Nam-gu, Seoul, on June 22, 2016. In addition, the Defendant suffered injury to the victim E, such as the fast dyke of the part of the detailed brue, which requires approximately eight weeks of treatment.

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