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1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;
However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
D Co., Ltd. is a corporation with the purpose of constructing, manufacturing, and selling concrete products in Gangwon-gun F. Defendant C is the actual representative of the said D Co., Ltd., Defendant C is a person who comprehensively manages, supervises, and supervises matters concerning employment, use, work instruction, and safety of workers. Defendant B is a person who comprehensively manages, supervises, and supervises matters concerning employment, work instruction, and safety of workers with the aforementioned D Co., Ltd. as the factory site of the said D Co., Ltd., and Defendant A is an employee of the said D Co., Ltd., and is a person who performs work under the direction of simple labor and factory
1. On March 2015, Defendant A, Defendant B, and Defendant C employed Defendant A, who is an illegal alien of Chinese nationality, around March 2015, with knowledge that he/she did not have a construction machinery operator’s license, and instruct Defendant A to drive the vehicle from June 2015 with knowledge that he/she did not have a construction machinery operator’s license. Defendant B, despite being aware of such fact, instructed Defendant A to drive the vehicle, instructed Defendant A to do work without taking safety measures, such as fixing the block when he/she rents concrete block, or assigning safety management personnel.
Defendant
B around 16:00 on June 16, 2016, around 16:00, he directed the Defendant A to navigate his vehicle and entered the factory.
Defendant
A, at the above date and time, in accordance with the direction of Defendant B, operated the vehicle in line with the order of Defendant B, and used concrete ecological block (a.e., 110cc., 73cc., 50cc., 450cm in height, and 450cc.) to load the vehicle to the truck of Victim G (the age of 40).
In such cases, the defendant A, who is engaged in driving, has a duty of care to confirm whether he/she is a person within the radius of work, and to drive the vehicle safely with the balance of the goods loaded on the fore-board vehicle.
In addition, Defendant C and Defendant B are construction machinery.