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

However, the execution of the above sentence shall be suspended for a period of 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 a D digging machine at the site of a construction work for building of a C fence in Seocho-si B.

On March 15, 2020, the Defendant, at the above site around 15:15 on March 15, 2020, worked to build a fence by setting up a stone at an appropriate place.

In such cases, a person engaged in the operation of a digging range has a duty of care to prevent the occurrence of an accident by safely performing the work, such as allowing access after checking whether he/she is able to get out of work within the radius of work and allowing him/her not to get out of work if it is necessary to do so.

Nevertheless, the Defendant neglected this and caused the Defendant to shocked the right side of the victim E (the remaining and 58 years old) who was engaged in water work within the radius of work due to the negligence of breaking the stone while working in a digging pool with a person around the surrounding area while neglecting it.

As a result, Defendant 1 suffered injury to the victim by negligence in the course of performing the above duties, such as 14 weeks of treatment for the right-side executives who need to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police in E;

1. Application of Acts and subordinate statutes of a medical certificate;

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 punishment by law: From January to five years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the punishment by negligence [the type 2], the scope of the occupational and gross negligence injury (the scope of the recommended area and the scope of the punishment by gross negligence], the basic area of the punishment by negligence (the scope of the recommended area and the punishment by gross negligence], and April through October

3. Determination of sentence: Six months of imprisonment without prison labor and one year of suspended sentence (the defendant was injured significantly by a victim, but the defendant was led to his confession, and the defendant was not guilty of a suspended sentence or more, and the defendant's vehicle is insured and therefore the recovery of damage can be made considerably possible;