Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in the operation of soft machines.

At around 16:00 on October 17, 2012, the Defendant operated a digging pool in the original farm located in Gangnam-gun C, Gangwon-do, and carried out the excavation of the PVC drainage pipe.

In such cases, a person who is engaged in the operation of a excavating machine has a duty of care to take appropriate measures, such as installing a soil stop or support team in preparation for ground collapse or falling of soil and rocks when he/she engages in excavation work inside the construction site after operating a digging pool, and working in compliance with the relevant regulations.

Nevertheless, the Defendant neglected to do so and operated a digging pool without installing a soil gate or support stand, and caused the Defendant to cover the victim D (37 years old), the victim E (40 years old), and the victim F (60 years old) by neglecting it, by neglecting the work of excavating earth and sand in the construction site, and by neglecting the work of excavating earth and sand.

As a result, the Defendant caused the victims to die in the workplace due to the above occupational negligence, and caused the victims to die at their respiratory costs due to earth and sand pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, H, I, and J;

1. Each protocol of inspection;

1. A medical certificate of corpse, a report on the results of investigation of a changeer, and a full certificate of registered matters;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to an accident site photograph, photo of the deceased, on-site inspection photograph;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. As to the assertion of the Defendant and his defense counsel under Article 62(1) of the Criminal Act, the Defendant and his defense counsel are merely those who are employed by the business owner, not by the business owner, and carried out the work according to the direction given by the business owner. As such, the Defendant is obligated to pay a duty of care on the part of the facts charged premised