Defendant shall be punished by imprisonment without prison labor for one year.

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, a corporation established for the purpose of the designated waste collection and transportation business, is a person who operates a digging pool in C and performs the work of separating construction wastes, and the victim D (the age of 78) is a person who engages in the work of screening separated wastes.

On July 18, 2014, around 11:00, the Defendant operated a construction waste sorting machine, a construction machinery, at the construction waste sorting shop, and carried out a work to separate construction waste in the open space.

Defendant, who is engaged in the operation of a digging range in a camping place, has a duty of care to prevent accidents in advance by checking whether there is another worker within the radius of the boom boom group, and by properly controlling the voltage of the boom link, so that the link does not go far from the course of work, the Defendant has a duty of care to prevent accidents in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 야적장 내에서 폐기물 선별작업을 하던 피해자를 미처 발견하지 못하고 굴삭기의 붐대를 왼쪽으로 회전시키던 중 링크가 바닥에 떨어진 후 반동에 의해 좌측으로 튕기면서 옆에서 작업을 하던 피해자의 머리부위를 충격하였다.

Accordingly, the Defendant caused the death of the victim from the above occupational negligence to the two parts.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to death certificate, written result of autopsy, field photographing photographs, and body photographing photographs;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act occurred due to the defendant's occupational negligence, and the physical and mental suffering suffered by the victim and his/her bereaved family members is difficult to express them verbally.