A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. The Defendant is a person who is engaged in driving a scambling machine with a professional injury or death in room B5.75 tons.

At around 08:50 on October 7, 2016, the Defendant: (a) moved the victim’s earth and sand from a dry field drainage route of the dry field of the victim D (58 S) by using the above scopher on the front of the copher in front of the copher on October 7, 2016; (b) caused the victim’s face part of the copher, which was verified by negligence, to be 2.5 meters away from the number of depth of the copheret attached to the above scopher; and (c) caused the victim’s death from an emergency room of the university of the Dong University, which is located in the front of the copher of the copher on the front of the copher; and (d) caused the death of the victim due to the combination of face sides of the right side in the front.

2. The Defendant violated the Construction Machinery Management Act without a construction machinery pilot’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on the occurrence of a safety accident, report on internal death (the attachment of a death certificate of a corpse, the scene of a death, and the state of body), records on the scene of a corpse, photographs of the scene of a corpse inspection, photographs of the autopsy inspection, investigation report (whether a suspect's construction machinery operator'

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 38(2), and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes arose from the victim’s death due to his/her breach of duty of care while operating a crypter without a construction machinery pilot’s license.

Nevertheless, the victim's bereaved family members have been seriously dead and making efforts to recover their status.