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Defendant shall be punished by imprisonment without prison labor for six months.
Reasons
Punishment of the crime
The defendant is a person who holds a construction machinery operator's license and is engaged in the business of transporting and loading construction materials by driving the motor vehicle.
On January 15, 2015, at around 15:30, the Defendant: (a) unloaded 16 steel materials loaded in leleblers on several occasions, operating a subway construction site near the road adjacent to the 39-dong, Seosung-dong, Seosung-si; and (b) stockpiled 3 floors (7, 2, 5, and 3 floors).
Then, the Defendant: (a) loaded 7 auxiliary steel materials accumulated on three floors (three floors, three floors, and three floors) in cargo vehicles operated by the victim D; (b) loaded all of the steel materials and auxiliary steel materials on the steel materials loaded on three floors as above; and (c) loaded 6 floors (7, five of the first floor steel materials, five of the second floor steel materials, three of the third floor steel materials, three of the third floor auxiliary steel materials, three of the fourth floor steel materials, three of the auxiliary steel materials, three of the fifth floor auxiliary steel materials, and one of the auxiliary steel materials of the sixth floor).
Then, in order to prevent the collapse of the material between the 4th and the 5th auxiliary steel product, the victim requested that three high-person trees installed to prevent the collapse of the material between the 4th and the 5th auxiliary steel product be deducted, and the defendant made 4 auxiliary steel products of the 5th and the 6th auxiliary steel product at one time according to the orders of the signal numbers received above.
Accordingly, one of the signal numbers was cut off, and 3 of the class 1, and 5 and 6th auxiliary steel material was laid back by the Defendant, and 4 of the auxiliary steel material was laid back again.
In such cases, the defendant, who is engaged in the business of transporting and loading construction materials on the lane, has a duty of care to prevent the collapse of the material by preventing the collapse of the material and ascertaining whether there is a person around the loaded material, after examining whether the material was loaded in a stable place.
Nevertheless, the defendant neglected to do so, and 5,6.