A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who serves as the head of the sales division C of the liquor wholesaler in Dobong-gu Seoul Metropolitan Government.

On August 21, 2017, the Defendant: (a) around 17:15, on the street in front of C warehouse, and (b) performed the work of moving plastic softs (120 meters wide and 80 meters wide) accumulated on the road side to the workplace using a construction machinery, the Defendant neglected to observe the work rules, such as taking the work weight up to the end of the cargo, putting it up into the ceiling, and putting it up on the ceiling without a construction machinery pilot’s license; (c) on the part of the Defendant, the victim D (the 46-year old) who was going on the top of C warehouse, due to an occupational negligence, caused the victim’s injury, such as a frame that requires approximately 10 weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. The driver's license ledger;

1. Application of statutes on field photographs;

1. Relevant Article 268 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 41 subparagraph 2 of the Construction Machinery Management Act and the main sentence of Article 26 (1) of the Construction Machinery Management Act (the operation of unregistered construction machinery, the choice of imprisonment with prison labor

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is a case where the Defendant, while driving a vehicle without a license, sustained 10 weeks of injury on the part of the victim, and the nature of the relevant crime is not weak, and the degree of injury suffered by the victim is more severe.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that the defendant does not have criminal records exceeding the same kind and fine, and that the defendant agreed with the victim is favorable.

Article 51 of the Criminal Code, which is shown in the record, shall be considered in all of the sentencing conditions.