The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The facts charged of mistake of facts in the instant case led to the death of the victim due to negligence that the Defendant failed to check the parking brake system of the concrete pumps as stated in the facts charged (hereinafter “instant pumps”). However, at the time of the instant accident, the victim operated the A-T.O.O (Pke Off, power transition device) to use the pumps function of the P.T.O.O. operation of P.O.O is only possible after the cancellation of the parking hub. Thus, at the time of the accident, the instant P.T.O does not function as a parking br.

Therefore, there is no causal relationship with the victim's death, and there is no fault that did not check the parking Bracks in which the facts charged are indicated, can not be the cause of the victim's death.

Nevertheless, the court below found the Defendant guilty on the facts charged of this case. In so determining, the court below erred by misapprehending the legal principles.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment without prison labor, two years of suspended execution, and eight hours of community service order) is too unreasonable.

2. Determination

A. According to the records of recognition, the following facts are recognized.

1) The Defendant operates B, and is the owner of the instant pumps.

The victim was a B’s employee at the time of the accident.

나) 피해자는 이 사건 펌프카를 운전하여 사고 장소에 도착하였고, 시동을 켠 채 정차시킨 후 하차하였다. 피해자는 위 펌프카 앞쪽을 가로질러 조수석 쪽으로 이동한 다음 펌프카의 아웃트리거를 작동시켰다. 다) 그 직후 멈춰있던 이 사건 펌프카가 기울어진 지면을 따라 서서히 아래쪽으로 내려가기 시작하였고, 이를 인지한 피해자가...