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Defendant shall be punished by imprisonment without prison labor for ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a driver of the lelelele belonging to B, who is in charge of the operation and inspection of Eleleleles at the construction site of the D Co., Ltd. located in the Jinhae-si C in Changwon-si.
On March 14, 2013, at around 15:55, the Defendant was conducting a night inspection of the said servers for the night work at the SDR-BERH’s workplace.
In such a case, there is a risk of accidents caused by falling-off during the process of turning off booms (BOM) of athletes, and thus, there was a duty of care to avoid accidents caused by falling-off while leaving a c/WEIGHT, which is supported by a clicker's axis, and to prevent accidents caused by falling-off in advance, while operating a clicker's booms (OUTRIGGG).
Nevertheless, the defendant neglected to do so, and instead attached a boomerwait, and did not operate a boom, the boom boom boom was displayed in the state of not operating a boom.
The defendant's negligence caused the boom boom, which lost weight-centered boom to the victim G (age 37) who was waiting for the oil of the F booming cargo booms from the driver's seat of the F booms.
Accordingly, the defendant had the victim.
4. around 18:31, the Plaintiff was receiving medical treatment from the I Hospital located in the Seo-gu Busan, Seo-gu, Busan, resulting in the death of the deceased.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of an accident;
1. An accident site photograph;
1. On-site reports on results of field identification;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;
1. The reason for sentencing of Article 62(1) of the Criminal Act in the suspension of execution leads to the result that the defendant cannot be able to kill the victim due to his occupational negligence, and the responsibility for the crime is very heavy, and it is not so big that the work operator checking the caters rather than attaching and operating the catersweet to leave.