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(영문) 춘천지방법원 영월지원 2017.02.07 2016고단519
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The defendant is a director of a corporation B, who is a person in charge of safety management at the construction site C in Gangwon-gu, Gangwon-do, who is awarded a contract from the Mine Reclamation Corporation.

On June 1, 2016, around 17:00, the Defendant entered the victim D (48 tax) and the construction site agreed to supply human resources and materials to the Defendant at the above C construction site, to conduct a prior investigation.

At the time, there were approximately 70 degrees of slopes in the middle of the waterway, and there was a very narrow size of the waterway and high risk of falling by lowering the floor, and thus, the Defendant responsible for safety management was responsible for the safety management, such as controlling the victim from entering the place where the crash risk exists, or installing a fence. If the victim entered the place, there was a duty of care to pay safety equipment such as safety cap and safety log for preventing the fall.

Nevertheless, the defendant neglected this, and caused the victim to enter the above multiples of the above inducement, without paying the safety equipment such as the safety cap and the safety log for the prevention of fall, and caused the victim to fall down to the next direction from the inner slope section of the water course.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence as above, 19:10 on the same day, such as the aggravation of diversity.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Copies of the police statements made to F and G;

1. A copy of a death certificate;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [the scope of recommended sentences] Type 3 (the death by business, gross negligence, etc.) of the Criminal Act is mitigated (the imprisonment without prison labor).

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