A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a business owner operating an enterprise “C” for the purpose of roof construction business, etc., and is responsible for performing construction works for windowing for each household of the Seo-gu Daejeon Special Metropolitan City (Seoul Special Metropolitan City) from June 7, 2012 and performing safety and health measures for his/her employees.

In order to prevent any danger to workers when a business owner uses a vehicle system, loading, unloading, transportation, machinery, etc., he/she shall conduct a prior inspection on the topography, ground area, etc. of the relevant place of work, prepare a work plan in consideration of the result thereof, and conduct work in accordance with the plan; and when using a accusation, he/she has a duty of care to prevent workers from falling by installing a safety belt to connect the safety belt with the safety belt.

Nevertheless, at around 10:40 on June 19, 2012, the Defendant: (a) caused the victim E (the aged 34), etc., who is an employee, using a vehicle for the transportation of loading and unloading of vehicles at the construction site of the above D Apartment 105 Dong 1301, and using a vehicle for the transportation of loading and unloading of vehicles; (b) did not prepare a prior investigation and a work plan on the topography and ground of the above E’s outer wall at a height of about 34 meters; and (c) did not confirm whether the above E’s safety appearance and safety belt are worn, and whether the above work vehicle is equipped with the safety stand, and caused the death of heavy brain from the above work site by occupational negligence, which is far away from the above work site.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement of the police statement related H;

1. A report on investigation into serious accidents;

1. Application of each Act and subordinate statute to a corpse inspection report, business registration certificate, employment contract, and each photograph;

1. Article 66-2 and Article 23 (3) of the Occupational Safety and Health Act, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the penalty;