A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a person who works as a large tree at the new construction site of the Korean-style house located in Jeonju-si Seoul Metropolitan City.

1. On October 2, 2013, around 16:50 on October 2, 2013, the Defendant of occupational injury, death, etc.: (a) driven a vehicle with three tons without registration on the front side of Yansan-gu Seoul Special Metropolitan City, and removed machinery from D located adjacent to the above Korean-style new construction site; and (b) carried it on the victim E (64 years old)’s pedal.

In such a case, the defendant engaged in driving service was obliged to check whether there is a person within the radius of work, and to prevent people from approaching the place of work and drive the vehicle safely in line with the balance of goods loaded on the vehicle.

Nevertheless, the Defendant did not find out that the above victim was on board while driving the above forking vehicle while driving the above forking vehicle, and caused the victim who was on the above forking vehicle due to the negligence of bypassing it as it was, thereby leaving the vehicle into the ground along with the machinery.

As a result, the Defendant caused the victim to die of cerebral cerebral cerebrovassis at G Hospital located in the Yansan-gu, Seoul Special Metropolitan City, where the Defendant was under transmission treatment at around 23:35 on October 4, 2014 due to such occupational negligence.

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 Mayor/Do Governor, and shall not use or operate unregistered construction machinery;

At the above time and place, the Defendant operated a construction machine, which was not registered without obtaining a construction machine operator license.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Each police statement to I, J, and K;

1. A death certificate or a copy of medical record;

1. Application of field CD-related Acts and subordinate statutes

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act (Death by Occupational Negligence and Selection of Imprisonment without prison labor) for criminal facts;