A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant and the victim C(71) are those who work in the "E Company" located in Seo-gu Incheon Metropolitan City D.

1. The Defendant violated the Construction Machinery Management Act, even though he/she obtained a construction machinery operator license from the head of the Gu, etc., he/she operated the construction machinery in the construction machinery “E company” workplace on November 9, 2015 without obtaining a construction machinery operator license.

2. The Defendant was engaged in the activities of classifying timber by taking the aforementioned vehicles in time and place.

In the above place, about 1m 50cm in length, about 50cm in weight, about 400 lumbers in bulk, and about 50 km in length, there was a risk of using timber stockpiled to the person who is on work unless he/she accurately operates the train.

Therefore, the defendant, who has been operating the vehicle, has a license to operate the vehicle, and has a duty of care to accurately handle the vehicle with the former and the latter.

Nevertheless, the Defendant did not accurately confirm the state of the flag of the fore owner vehicle without the above pilot's license, and had the fore owner of the vehicle walked in the speed of the train while leaving the train, and caused a timber going beyond the victim's bridge due to an occupational negligence, which shocked the timberer he accumulated in the workplace, and caused the victim to go beyond the victim's bridge.

As a result, the Defendant suffered injury, such as laverization of lavers to the right side in need of approximately 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to medical certificates and industrial accident investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 41 subparagraph 2 and 26 (1) of the Management of Construction Machinery without Permission (Operation of Unlicensed Construction Machinery, Selection of Imprisonment), and Article 268 of the Criminal Act (the fact that the person injured by occupational negligence, the selection of imprisonment without labor), and Article 268 of the Criminal Act;

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 Code of the Suspension of Execution (hereinafter referred to as the following):