1. Defendant A

(a) The sentence against the defendant shall be ten months of imprisonment;

(b) provided, however, that this judgment has become final and conclusive.

Punishment of the crime

[2017 Highest 246] Defendant A

A. The Defendant is a person who is working as a production manager in Co., Ltd. B, and is driving construction machinery in the course of business.

On March 9, 2017, the Defendant operated E from the warehouse of the above company located in Ansan-si D around 09:10 on March 9, 2017 to the drying room.

A person engaged in the duties of driving a horse has a duty of care to check whether he/she is a person in the vicinity and to safely drive and prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not look closely at the situation of the rear bank, and caused the victim F (M, 63 3) who was later in the future to go beyond the bottom of the back wheels, and neglected to go beyond the bottom.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above.

(b) A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a license from the Mayor;

Nevertheless, from January 8, 2015 to March 9, 2017, the Defendant controlled the Eroman without obtaining a license from the said company, without obtaining a license from the former company.

2. Defendant B, at the same time and place as paragraph 1-B, the Defendant, at the same time and place as that of paragraph 1-b, controlled the Defendant’s business without obtaining a license from the safe market, as paragraph 1-b.

[2017 Highest 338] Defendant B, a corporation, the purpose of which is to produce organic fertilizers, having a place of business in Gyeongdong-si, Gyeongdong-si, and Defendant C, as the representative director of Defendant B, is the person in charge of safety and health management for workers belonging to the said place of business.

1. The owner of the Defendant C shall engage in excavation, quarrying, loading and unloading, timbering, transportation, operation, transportation, dismantling, handling of heavy objects, and other improper work methods.