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[Defendant A] The defendant A shall be punished by imprisonment for eight months.
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. Defendant A is a person engaged in driving a vehicle with D 4.5 tons.
On July 18, 2013, the Defendant driven the said car without a construction operator's license on July 16, 2013, and led to the progress of the Defendant's operation on the front side of non-commercial machinery, which is located in the Haban-gun, Changwon-si, Gyeongwon-si, Changwon-si.
In such cases, there was a duty of care to thoroughly and safely drive a person engaged in driving of a motor vehicle on the front side.
Nevertheless, the Defendant neglected this and proceeded in the same manner as the negligent negligence, and received the front part of the FOtop of the Victim E (M, 65 years old) driving, which was carrying the FOtop in the above room, as the steel structure.
Ultimately, around 15:55 on July 20, 2013, the Defendant caused the death of the victim due to severe cerebral cerebral cerebral cerebral flas, etc. due to the two structural negligence, while receiving treatment from a H hospital located in Changwon-si G in Changwon-si, Changwon-si.
2. Defendant B’s employee A, a corporation, driving the said vehicle without a construction machinery operator’s license, as described in the foregoing paragraph (1), around July 18, 2013.
Summary of Evidence
1. Defendants’ respective legal statements
1. With respect to requests for traffic accident analysis, notification of results, death certificate, on-site photographs, and application of the statutes on the register of driver's license;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 41 Subparag. 2 of the Construction Machinery Management Act, and the main sentence of Article 26(1) of the Construction Machinery Management Act (a) (a point of operating unregistered construction machinery and a choice of imprisonment,
(b) Defendant B corporation: Articles 43 and 41 subparag. 2 of the Construction Machinery Management Act, and the main sentence of Article 26(1)
1. From among concurrent crimes (Defendant A), the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Defendant A);
1. The order of provisional payment;