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[Defendant A] The defendant shall be punished by imprisonment for six months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A As a personal business owner who supplies and transports stone, such as dump truck and two workers, in the construction site, he/she is awarded a subcontract for the supply and transportation of dump stone by C Forestry Cooperatives. Defendant B is a site manager of a forest road construction site of C Forestry Cooperatives, who exercises overall control over the safety and health of workers and contractors under his/her control. Defendant C Forestry Cooperatives is a corporation owner who performs forest road construction works in E upon receiving a contract for construction works from D.
1. On November 7, 2017, Defendant A had the victim F (59 years of age) of his/her employees employed by the Defendant work around November 7, 2017, transport dump trucks to the site of the instant forest road construction work using a G dump truck, which is a vehicle system.
In order to prevent any danger to workers, a business owner shall conduct a prior investigation into the topography, ground ground and floor conditions, etc. in the relevant workplace, and record and preserve the results thereof, and shall prepare a work plan in consideration of the results of the investigation, and shall take necessary measures, such as placement of a leading person, prevention of the collapse of the ground, prevention of the collapse of the side, maintenance of the width of the road, etc., in cases where the work is likely to cause danger to workers due to the lacing of the vehicle system or the lacing of the lacing construction machinery.
Nevertheless, the Defendant did not prepare a pre-inspection and work plan for the relevant work, even though he/she ordered the use of dump truck, which is a construction machinery, in cases of transporting dump truck, which is a heavy object by using a dump truck on a forest road under construction, and did not place a guideer or take measures necessary to prevent the collapse of the side or to maintain the width of the road because the width of the dump truck was narrow due to the collapse or falling dump stone.