The defendant's appeal is dismissed.

Summary of Grounds for Appeal

In fact, the defendant is found to have violated the duty to take measures to prevent the danger of workers, the duty to prepare a work plan including the route and work method of the fork driver, the duty to take measures to separate the fork driver when the fork driver deviate from his driving position, and the duty to take measures to wear safety seat belts (hereinafter "the duty of care in this case"). However, the victim had a physical and mechanical defect in the fork driver's vehicle at the time of the instant case (hereinafter "for the instant vehicle"), so even if the defendant fulfilled the duty of care in this case, it was not possible to prevent the occurrence of the result of the victim's death, and there was no causation between the defendant's violation of the duty of care in this case and the death of the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged in this case on the ground that the causal relationship between the Defendant’s breach of duty of care and the death of the victim was recognized.

Even if the facts charged in the instant case are found guilty, the lower court’s imprisonment (six months of imprisonment and two years of suspended execution) is too unreasonable.

Judgment on the defendant's misunderstanding of facts

A. The lower court determined that the causal relationship between the Defendant’s breach of the instant duty of care and the death of the victim was recognized, on the grounds that, under the title of “determination on the assertion of the Defendant A, B, C, and defense counsel” in the lower judgment, the Defendant, while explaining the grounds in detail, recognized all facts of the instant breach of duty of care, and the Defendant would have not caused the death of the victim if the Defendant fulfilled his duty of care in the instant case.

B. The court below's decision and the trial court's decision are legitimate in light of the circumstances properly presented by the court below.