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Defendant
A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for six months.
, however, the defendant from the date of this judgment.
Reasons
Criminal facts
Defendant
B A is a person who has been subcontracted for the construction of a factory site, access road, and construction of the factory site located in G in the Sin-si population D, and the defendant A is a person who has been ordered to perform the work of packing containers at the road construction site.
On January 23, 2014, the Defendants were engaged in the packing of asphalt at the construction site above around 18:10.
At that time, Defendant A was driving the compact with construction machinery E and was engaged in the packing of the road. As such, Defendant B, in preparation for the case where there are other workers at the above site, had a duty of care to assign safety personnel near the above site, and Defendant A had a duty of care to prevent accidents by examining whether there are other workers at the back of the back of the said compact.
Nevertheless, the Defendants neglected this and did not assign safety personnel to the packaging site of Defendant B, and Defendant A did not properly check the rear side while working for the packing with the aforementioned compacts, and Defendant A did not properly check the rear side of the victim F (the age of 62) who used the remaining parts of the asphalt in the above site with the above compacts, and applied the lower part of the victim’s f (the age of 62) used on the floor to the right side with the rear wheels.
At around 05:06 on January 27, 2014, the victim died from a multi-long-term vision at a university hospital of the Asia, which is located in the 5 U.S. source city in Suwon-gu, Suwon-si.
Accordingly, the Defendants jointly caused the death of the victim by occupational negligence.
Summary of Evidence
1. Defendants’ legal statement
1. The police statement concerning G;
1. Each police statement to H, I, J, and K;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant Articles 268 and 30 of the Criminal Act, the choice of a punishment without prison labor, and the selection of a punishment for the crime;
1. The defendants of Article 62(1) of the Criminal Code are against the principle of suspended execution (the defendants).