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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a C's employee who is engaged in driving service with D 1.5 tons.

On September 26, 2016, the Defendant: (a) took advantage of the above forking vehicles in E around 14:30 on September 26, 2016, to move 1 to a warehouse of the said company from the road side.

In the case of loading a ship ton of the above 1 ton, the front door view was completely set off, and the victim F (90 tax) who had difficulty in driving at the time was nearby, and thus, there was a duty of care to thoroughly check the front door and the left and the left and prevent the accident.

Nevertheless, the defendant did not obtain a construction machinery pilot's license, while driving construction machinery with a view to the front side of the train as well as with a view to neglecting the front side of the train, and as long as he neglected to do so, the defendant was the victim.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at a large-scale Busan Busan Hospital at around 18:47 on the same day due to the low-blood shock during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. 112 Report processing table, death diagnosis report, and drilling report (written request for appraisal and written appraisal of autopsy);

1. Application of Acts and subordinate statutes to each investigation report (to hear victim's bereaved family members H statement), and (to attach outputs of relevant regulations);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing guidelines [types] 3 types (occupational, Gross Negligence Death, etc.) (Special Sentencing Persons) - [including serious efforts to recover damage] mitigation elements / [Determination in the sphere of recommendation] mitigation area / [the scope of recommendation] 4 months to 10 months [the general person subject to sentencing] - The absence of reflective criminal punishment for mitigation elements / there are no major reasons for suspension of execution].