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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 1326] C is a person who actually operates “E”, which is a waste resources disposal company located in Macheon-si D, and the Defendant is a person who is engaged in F-si driving in the said workplace.
At around 14:00 on May 28, 2014, the Defendant: (a) driven the said house at the “E” workplace; (b) laid down wastes brought from the water company from the water company at the loading site at the relevant place; and (c) accumulated them highly.
The work process conducted at the above workplace shall be conducted in the order where the Defendant discharges wastes to the loading site and the other employee discharges wastes into a consortium with about 10 meters away from the loading site, and then the other employee discharges wastes to a consortium, thereby screening and compressing them.
At the same time, there was a height of approximately 2.3 meters of waste compresseds to store the above wastes, and the Defendant was engaged in the work by setting up the wall between the two walls, so the Defendant could not be seen behind the wall in the front seat. As such, C had a duty of care to prevent accidents, such as: (a) the Defendant, who is a driver, by selecting a conductor at the work site; (b) allocating a guide or a signal number to control the entry of other workers; and (c) the Defendant, who is a driver, was able to know the situation behind the wall; and (d) the Defendant, in accordance with the new title, has a duty of care to prevent accidents, such as: (a) the Defendant, if there is no signal number; (b) the Defendant, if there is no signal number; or (c) moving the vehicle to the place where the view is secured;
Nevertheless, the Defendant and C neglected this and did not separately select a person under duty to command or assign guiding persons or signal numbers, and the Defendant does not take measures such as prohibiting other workers from entering the workplace or moving the vehicle to a place where the view is secured before work.