1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category B digging machines;

On March 3, 2016, the Defendant, without acquiring a construction operator's license from March 13, 2016, operated the above digging machine and proceeded to the right side of the victim C (Woo, 81 years old) who dried the crosswalk in accordance with the pedestrian signals in the direction of the right side of the amamba-dong community service center at the amba-dong city Kimhae-si, Kimhae-si, where the above digging machine came to go to the right side of the amba-dong community service center and proceeded to the right side of the above digging machine.

The Defendant suffered serious injury to the incomplete cutting of the victim due to the foregoing traffic accident.

2. On March 3, 2016, the Defendant violated the Construction Machinery Management Act, without obtaining a construction machinery operator’s license from March 13, 2016, and driving the cater on the section of about 2 km from the front day of a confection, which is located in the Gangseo-gu, Busan Metropolitan City, to the roads of the fluence, Kimhae-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A criminal investigation report (report, such as attachment of video data at a scene of an accident);

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1), Article 3 (2) (proviso) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, and Article 26 (1) of the Construction Machinery Management Act (the occupation of driving without a license construction machinery and the choice of imprisonment) concerning facts constituting an offense;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents of Type 1 (Death resulting from Traffic Accidents) (Article 8-2) (Special Mitigation) (Article 8-2) (Article 1) (Article 62-2(1)) (Article 62-2(1) of the Social Service Order Act), where punishment is not imposed (including serious efforts to recover from damage), and serious injury (Article