Defendant shall be punished by imprisonment without prison labor for eight 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 is engaged in driving of a C digging machine which is a construction machine.

At around 07:10 on December 19, 2013, the Defendant operated the above digging pool and proceeded with a road of scco three in the south-gu Dong-dong at port from the entrance of the sccoto three entrances to the entrance of the scco visiting parking lot.

In such cases, a person engaged in the driving of construction machinery has a duty of care to ensure the safety of roads and to drive the construction machinery as well as to ensure the safety of roads.

Nevertheless, as a result of the negligence of neglecting this, the defendant did not find out the victim D (the 51-year old age) who walked on the right side of the driver's operation on the right side of the defendant's operation, and shocked the victim into the right side of the driver's digging range, and charged the victim's body side of the victim's body going beyond the course to the right side of the locker, and charged the victim with the part back to the right side of the driver's body.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, namely, the diversification of the body of the victim at the seat, i.e., double alley, and brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the court shall take into account favorable circumstances, such as the fact that the defendant has recognized his mistake, reflects himself, and failed to agree with the bereaved family of the victim, deposit KRW 20 million for the bereaved family of the victim, and the fact that the defendant has no criminal record exceeding the fine, etc.);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;