A defendant shall be punished by imprisonment for not less than eight months.

except that 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 who employs workers in Gyeonggi-gun Group B as “C” and operates a vehicle maintenance business, and the victim D(56) is a worker belonging to the said company.

Where machinery is likely to be operated normally due to inappropriate work methods in the course of work, the business owner shall take necessary measures, such as posting a supervisor of work, etc.

Nevertheless, at around 10:43 on April 3, 2019, the Defendant: (a) when the victim got the victim to perform the repair work for the driver’s seat of the truck, the Defendant: (b) violated the duty to take occupational safety and health measures, which performed the work method to the victim without all education on the repair work of the driver’s seat; and (c) removed the inner cover of the said cargo parked due to negligence in the course of performing the duty to take occupational safety and health measures; and (d) removed the front cover of the vehicle even though the driver’s seat was driven; and (e) removed the left door from the floor in the process of putting the freight onto the string and raising the window to the wind, which was later at the front of the cargo, and caused the victim’s death by cutting down the frame of the two floors at the E Hospital located in the city in the city of government around 14:04 on the same day.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Submission of an industrial accident inspection table, a report on the occurrence of a serious accident, a business trip name, and a report on the results of the investigation of a serious accident;

1. On-site photographs;

1. A death certificate;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Article 6-2, Article 23 (2) of the former Occupational Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019); Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the Occupational Safety and Health Act heavier than the punishment);

1. Selection of penalty;