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Defendant
A and B shall be punished by imprisonment with prison labor for one year and six months, respectively.
Reasons
Punishment of the crime
[2014 Highest 7267, Defendant A] The Defendant and B are cargo vehicle engineers belonging to the “J”, a cargo transport company.
1. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery operator's license from the Mayor/Do Governor;
Nevertheless, on March 29, 2014, at L located in Jung-gu Incheon, Jung-gu, Incheon on March 29, 2014 without a construction machinery operator's license, the defendant operated the above mining searcher in order to load and unload a twiter (pora) which is a construction machinery loaded on a cargo vehicle of M, after being requested by M, which is another twiter's cargo vehicle engineer.
2. As set forth in paragraph 1, the Defendant: (a) the Defendant, who was on duty and on duty, was scheduled to load and unload the canning machine loaded on the cargo vehicles of the Victim M (41) as well as (b) the Defendant, who was a charged engineer, had the Defendant give a water signal for loading and unloading the canning machine.
In such cases, the trinals for loading and unloading of the trinals shall be used so that the trinals on the ground can be unloaded without shocks on the ground, and at the same time, shall be unloaded under the management and supervision of the safety manager, and there was a duty of care to prevent accidents by giving and unloading accurate signal between the defendant and the signal receiver B, and by safely adjusting the trinals.
Nevertheless, the Defendant adjusted the wheel of a motor vehicle instead of the click board so that the click can get off the click, and B, without closely paying attention to the existence of the victim within the border of the Working Group, provided that the victim, who had been engaged in the operation of the clicker's fish valves at the bottom of the engine on the back of the clicker engine and the clicker loaded the click clicker engine.
Accordingly, the defendant jointly with B, who caused the above occupational negligence, has a pressure on his job.