A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. A person who intends to operate construction machinery in violation of the Management of Construction Machinery shall obtain a license from the head of a Si/Gun/Gu for construction machinery pilot.

Nevertheless, the Defendant, on August 11, 2017, operated D-car without obtaining a construction machinery pilot license, on the front road of “C” located in “C” in “C” in “C” in “C”.

2. The Defendant is a person who is engaged in the operation of the train in which the Defendant was engaged in the operation of the train in which he had D.

At the time and place specified in paragraph (1), the Defendant operated the above car and carried out the work of unloading freight loaded on the E truck.

At this point, there was a frequent passage of residents, so there was a duty of care to prevent accidents in advance by setting a signal number in advance to those engaged in the operation for the fore-board, or by installing a work marking material to restrict access to the work site by those other than the work-related persons.

Nevertheless, the Defendant neglected this and operated the vehicle without obtaining a construction machine pilot's license as stated in paragraph 1, and did not take any measures to restrict access while getting the vehicle, and caused the victim F (F, South, and seventy-six years of age) who was driving the crypt and passed before the vehicle.

After all, the Defendant caused the death of the victim due to the above occupational negligence due to the damage of scarcity in the job.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, on-site photographs, and the ledger of driver's licenses for automobiles, bereaved family records (H), and corpse death certificates;

1. Article 268 of the Criminal Act concerning facts constituting an offense, Article 41 subparagraph 2 of the Construction Machinery Management Act, and Article 26 (1) of the same Act (or choice of imprisonment without prison labor or imprisonment without prison labor);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Criminal Act, which increases concurrent crimes.