업무상과실치사등
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
1. On August 3, 2012, the Defendant was working on the part of the Defendant, while working for sckes in Ansan-si B without a construction machinery driver’s license, and was working on the part of vinyl B.
In such a case, the defendant has a duty of care to drive sckes thoroughly so that people do not face construction machinery in operation.
Nevertheless, at around 14:30 on the same day, the Defendant was negligent in failing to perform the duty of Jeonju City on the same day and caused the death of the victim C (the 59-year-old) who was on the part of the scke, by shocking the chests of the victim C (the 59-year-old) who was on the part of the scke, by dividing the body of the victim into the part of the sckeer on the floor, and causing the victim to die by cutting back the scoos of both blood and scoos.
2. A person who intends to operate a scke, which is a construction machinery, shall operate the scke after obtaining a construction machinery operator's license from the head of the Si/Gun/Gu, but the Defendant operated the scke without obtaining a construction machinery operator's license from around 14:00 on August 3, 2012 to 14:30 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Each police statement of E;
1. A written autopsy and a written request for appraisal;
1. Application of each statute on photographs;
1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, Article 268 of the Criminal Act, Articles 41 (2) and 26 (1) of the Construction Machinery Management Act (a point of operating unregistered construction machinery), and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act provides that the victim's death was caused by the negligence of the defendant, but the F, the accomplice of the defendant, agreed to the victim's bereaved family members and the victim's primary offender, etc.