A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. A person who violates the Management of Construction Machinery shall obtain a construction machinery pilot's license from the head of the competent Si/Gun/Gu;

Nevertheless, on September 9, 2015, the Defendant, at around 08:06, operated E digging machines (one weight of 5.18 tons) in order to transfer 150 cm high and 120 cm wide and 120 cm wide to D freight cars owned by C without obtaining a construction machinery pilot license.

2. The defendant who was injured by occupational injury is a person who is engaged in the operation of a digging machine as stated in paragraph (1) above.

Defendant 1 had a duty of care to prevent accidents, such as checking and working on the front and rear left and right of the excavation season, while not having access to the construction machinery, since Defendant 1 engaged in the above work at the time and place as mentioned in the above Paragraph 1, Defendant 2 had a duty of care to prevent accidents by not having access to the construction machinery, such as digging machines, etc.

Nevertheless, the Defendant neglected this and caused the victim C (the remaining, 47 years old) to fall on the floor by shocking the victim C (the remaining, 47 years old) who is working on the cargo vehicle due to negligence in the operation of the excavation search machine as it was.

In the end, the Defendant suffered from the need to give approximately eight weeks of medical treatment to the victim due to such occupational division and office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes in the register of field photographs, diagnostic certificates, and construction machinery;

1. Relevant Article of the Criminal Act, Article 268 of the Criminal Act (in the course of performing duties and de facto duties, imprisonment without prison labor) on criminal facts, and Article 41 subparagraph 2 of the Construction Machinery Management Act and Article 26 (1) of the Construction Machinery Management Act (in the course of operating unregistered construction machinery, and in the course of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution [the fact that there is no previous conviction of a punishment or heavier, and a certain amount for the victim (40 million won).