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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury) is a person engaged in the operation of an unregistered soft machine which is a construction machine;
On September 7, 2016, the Defendant: (a) carried out the work of separating solid water into a house connected to the scambling machine from “F” located in Ansan-si, 09:54 on September 7, 2016, at the request of the victim G (51 tax) to cut down the closed washing machine on the front day; and (b) carried out the work of cutting down the closed washing machine into the scambing machine.
In such cases, the defendant, who is engaged in the operation of the soft machine, has a duty of care to check the condition of connection on the roof of the soft machine and work to prevent the concentration connected to the soft machine from falling.
Nevertheless, the Defendant neglected this and caused an accident that covers the victim under the supervision of the Defendant due to the negligence of not conducting an inspection, and due to the launding of the closed laundry, the connection laund was ssond during the ordinary work, and the weight of the laund which failed to be separated from the laundp of the laundb, which fell from the laundp of the laundb, and which fell.
Ultimately, the Defendant caused the victim's death by occupational negligence at around 09:54 on the same day from the above F to the diversified long-term depression due to the diverosis and the diverosis, and on credit.
2. Violation of the Construction Machinery Management Act;
(a) No person who uses or operates unregistered construction machinery shall use or operate such construction machinery not registered;
Nevertheless, from August 25, 2016 to September 7, 2016, the Defendant used construction machinery to separate the waste therefrom without registering the cherbing season (unauthorized track) from “F located in Ansan-si, Annsan-si, Annsan-si, Ma.”
(b) A person who operates an unlicensed construction machinery shall obtain a construction machinery pilot's license to operate the construction machinery;
Nevertheless, the defendant around 09:54 on September 7, 2016 is Ansan-si.