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(영문) 서울남부지방법원 2019.08.28 2017고단6327
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered into a equipment lease agreement with the D representative E who was sub-subcontracted with the Defendant to receive KRW 500,000 per day on the condition that he/she will operate the Flateral Motor Vehicle owned by the Defendant and run the Flateral Motor Vehicle at the site of the Seoul Yeongdeungpo-gu Housing Reconstruction Corporation (hereinafter referred to as the “Re-building Corporation”), and began work from May 29, 2017.

Around 13:00 on June 2, 2017, the Defendant, at the construction site, had the victims conduct a new reinforcement work during the process of the establishment of a non-intervening, while the victims G and victims H, who are employed by the Defendant, were on board the vehicle operated by the Defendant, and withdrawn the boom boom at a height of 27 meters above the ground.

A complaint work vehicle operated by the defendant is the maximum height of work 45 meters, the weight of the boarding boom is less than 300km, including two workers, and the working group is less than 25 meters when the boom boom is equal, so it does not exceed the permissible working range according to the respective degrees of the boom boom, and there was a duty of care to ensure that it does not go beyond the working scope by operating safety devices that reduces the length of the boom, the degree of the boom boom, etc.

Nevertheless, the Defendant, at around May 28, 2017, arbitrarily released safety devices that reduce the length of boom booms, angles, etc., at the time of the work, caused the death of the victims who were on board the vehicle in the complaint work with no second part of boom boom boom boom 29.7m in the working group and with the excessive withdrawal of boom boom boom 29.9m in the working group, which exceeded 35.9m in order to get out of the permissible working scope, and completed the work by the negligence of operating the vehicle for boom boom boom boom boom boom boom boom boom boom boom boom boom 2017.

Summary of Evidence

1. A witness I, J, K.

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