A defendant shall be punished by imprisonment for 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. On March 27, 2014, the Defendant violated the Construction Machinery Management Act, at around 14:30, operated C digging machines (standard 3.085 tons) without a construction machinery operator’s license for the purpose of the operation of orchard fences in orchard B located in Chungcheongnam-gun B.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving the above excavation season.

On March 27, 2014, at around 14:30, the Defendant operated the above excavation ground in the orchard B located in the Cheongsong-gun, Cheongsong-gun, Cheongsong-gun and carried out work to install fences.

There was a duty of care to prevent accidents in advance by taking measures to confirm the condition of the ground, whether there is a person in the radius during the operation of the excavation season, etc. for those engaged in the operation of the excavation season.

Nevertheless, the defendant's negligence of driving a excavationr without neglecting this, and caused the victim D(48 years old) who moved to the right by placing the right wheel of the excavationer on the surface of the Gu Do, with a slope of the above wheeler, and had been covered by the victim D(48 years old) who moved to the sprink.

Ultimately, the Defendant suffered multiple organ damage to the victim due to the above occupational negligence, resulting in the death of the victim in his/her job.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on internal investigation (on-site photographs);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions for facts constituting an offense, and Articles 41 subparagraph 2, 26 (1) of the Construction Machinery Management Act (Operation of Unlicensed Construction Machinery, Election of Imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Occupational Death or Death, Occupational Death, Selection of Imprisonment without Labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as the “unfair circumstances”) (hereinafter referred to as the “the reason for sentencing”) - the defendant operates the scopher, a construction machine, with no license, the status of the ground is not verified.