A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in driving for C.

On July 29, 2013, at around 08:55, the Defendant driven construction machinery within a E plant located in Nam-gu Incheon Metropolitan City, Nam-gu, without obtaining an operator license, and carried out joint marketing and transportation work.

At the time, the Defendant was loaded in the cargo lane by piling up the cargo plate to the extent that the Defendant had a view on the foreline of the foreline, so in such a case, the person engaged in the business of driving the foreline has a duty of care to prevent accidents in advance by giving due care to the surrounding person by driving the foreline in order to secure a view of view, and by paying attention to the foreline, the person engaged in the business of driving the foreline has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and operated a joint board to the extent that it can be visible, and did not find the victim F (57 years old) who was in the cargo vehicle between the cargo vehicle and the cargo vehicle in order to look at the cargo loading condition, and did not discover the victim F (57 years old) who was in the nearby construction site, and caused the victim to shock the body of the victim due to the negligence that was in the balke to play a large noise from the surrounding construction site, and caused the balke to shock of the victim, thereby causing the victim to suffer an balke, and then died to the H hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Accordingly, the defendant caused the death of the victim by occupational negligence.

2. No person who violates the Construction Machinery Management Act shall operate construction machinery without obtaining an operator license for construction machinery;

Nevertheless, at around 08:55 on July 29, 2013, the Defendant operated the said vehicle without obtaining C's license for the forking vehicles, which are construction machinery, within the E plant located in Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. The occurrence of a traffic accident;