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Defendant
A Imprisonment for four months, and Defendant B shall be punished by a fine of 1,000,000 won.
except that this judgment.
Reasons
Punishment of the crime
1. Defendant A
A. From September 2012, the Defendant was working as a field employee of B corporation established for the purpose of packing construction business, etc. from around September 2012, and was engaged in driving of roller, which is construction machinery.
On October 5, 2015, around 10:30, the Defendant operated G rollers at the construction site in front of the E gas station located in Naju City, Do, and was temporarily engaged in the operation of the asphalt package.
Since construction machinery is at risk of shocking workers or pedestrians at the time of the operation of construction machinery, a person operating construction machinery has a duty of care to check whether there is another person in the vicinity of the construction machinery operation zone and move the person to a safe zone, and to prevent safety accidents by checking well the front, rear and left and right of the roller operation.
Nevertheless, the defendant did not discover the victim H (47 3) who was approaching the above roller in order to prevent vehicles from entering the work radius due to negligence in the course of the business, which led to an on-site supervisor, without a construction machinery pilot's license. In order to prevent vehicles from entering the work radius, the defendant did not find the victim H (47 3) who was approaching the above roller, and followed the above roller's back part to the victim's body.
Accordingly, the Defendant caused the death of the victim due to the above occupational injury and loss by multiple long-term damage.
B. The Defendant in violation of the Construction Machinery Management Act operated G roller without obtaining a construction machinery pilot license at the time and place specified in paragraph (1).
2. Defendant B, an employee of the Defendant, operated G roller without obtaining a construction machine pilot license, as described in paragraph (b) of Article 1, with respect to the Defendant’s business.
Summary of Evidence
1. The defendant A's partial statement
1. Defendant B’s representative I.