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(영문) 춘천지방법원 강릉지원 2017.01.11 2016고단1303
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 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 drives a dump truck with a 15 tons c dump truck set to a Pump medium-sized corporation and operates the dump truck.

On May 2, 2016, the Defendant, at the 08:10 on March 2, 2016, was engaged in the work of separating the back of the loading box in order to load a dump truck with the victim G (57 years old) who is an engineer operating the dump dump, in a new mine of E located at D at C at C at C at C, and with the above dump truck.

In such cases, when separating the back of the loading box of dump truck from persons engaged in the operation of dump truck, there was a duty of care to prevent safety accidents, such as preventing accidents from falling down on the dump truck by linking the upper part of the loading box of the dump truck with the lower part of the dump truck with the lower part of the dump tag by using hump chains, etc., and by removing a fixed pin which the rear part of the loading box is fixed to the lower part of the dump truck, etc., and taking safety measures to prevent accidents.

Nevertheless, the Defendant neglected to load the above dump truck without taking measures such as linking the back of the loading box with the dump truck, removed a fixed fin with the back of the loading box, and left the loading as it is. By negligence, the lower part of the above 300 kilograms of dump truck felled as it is, and the victim, who was immediately fump truck after the back of the dump truck, was placed under the back of the above dump truck.

At around 08:26, May 2, 2016, the Defendant caused the death of the victim due to serious brain damage caused by the second damage on the job.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to H and I;

1. A copy of a physical list at each change site and a construction machinery registration certificate;

1. On-site inspections and photographs of respective cases of death;

1. Each internal investigation report (to listen to 119 first-aid phone calls, J, and K other telephone calls) 1.

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