A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(b) Crime history;

1. The Defendant is a person who operates a company leasing construction temporary materials with the trade name of “B”.

At around 10:40 on September 9, 2019, the Defendant sought to load and unload Gohap (total weight 1.5t, 91cc*182cc, 100cc, 100) when loading 5 tons of 5 tons of RaD50 on the E-cargos in the “B” factory located in Mai-si, Gi-si, 201.

In such cases, a person engaged in the work for which he/she has been engaged shall prepare a work plan prior to the work, assign signal numbers and safety personnel, and a person who has obtained a construction machinery pilot's license shall operate the vehicle for which he/she has placed, and have a duty of care to move heavy things by driving the vehicle safely after checking that there is no passage of people in the danger zone around the place of work, and by driving the vehicle safely after

Nevertheless, the Defendant neglected to do so and did not check the opposite position of the cargo loaded, and did not take shelter from the opposite position of the cargo loaded, and caused the victim's body while working without taking shelter from the opposite position of the cargo loaded, because the racker racks off and falls off by racks the racker's negligence on the wind that racks the engine of the cargo loaded.

Ultimately, around September 11, 2019, the Defendant caused the death of the victim due to such occupational negligence in G Hospital located in Guro-gu Seoul Metropolitan Government due to the mass death at G Hospital in Guro-gu.

2. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery operator's license from the competent authority;

Nevertheless, the Defendant operated the construction machinery without obtaining the construction machinery operator's license from the date and place mentioned in the above paragraph (1).

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's written statement of statement of the defendant H, death diagnosis and autopsy appraisal report to the scene of the case;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;