The judgment of the court below is reversed.

Defendant

B B In June of the imprisonment without prison labor, Defendant C shall be punished by imprisonment for 8 months, and Defendant D shall be punished by fine for 5,000.

1. Summary of grounds for appeal;

A. Defendant D (Defendant D1) was not only equipped with a warning device exceeding the load capacity (the protective device controler; hereinafter the same shall apply) to the K accusation vehicle (hereinafter referred to as the “accident”), but also provided sufficient training for drivers at ordinary times. The instant accident occurred when Defendant B, a driving engineer, was engaged in the operation of the instant device. Thus, the lower court found Defendant D guilty of this part of the facts charged, without any negligence on duty. In so doing, the lower court erred by misapprehending the legal doctrine and failing to exhaust further deliberation.

2) The lower court’s improper sentencing is too unreasonable.

B. The prosecutor, the defendant B and D, the defendant C, the violation of the Industrial Safety and Health Act, and the violation of the occupational duties and the violation of the Occupational Health Act. The defendant B and D, the imprisonment without prison labor for the defendant C, and the imprisonment for the defendant C, should be sentenced respectively. However, the court below sentenced the defendant B and D to imprisonment (six months for each of their imprisonment) and the imprisonment without prison labor for the defendant C (eight months for imprisonment without prison labor). Thus, the court below erred in the misapprehension of legal principles.

2. Determination

A. As to the prosecutor’s assertion of misapprehension of the legal principles, the crime of occupational and practical death as stated in the judgment of the court below is a crime falling under Article 268 of the Criminal Act, and the statutory penalty is a imprisonment without prison labor for not more than five years or a fine not exceeding twenty million won, and the crime of violation of the Industrial Safety and Health Act is a crime falling under Articles 71, 66-2, and 23(3) of the Industrial Safety and Health Act, and the statutory punishment is a imprisonment with prison labor for not more than seven years or a fine not exceeding KRW 100 million, and as such, Defendant B and D are subject to the above crime of occupational and practical death, a imprisonment without prison labor or a fine shall be selected. Defendant C is subject to the crime of violation of the Industrial Safety and Health Act and a crime of occupational and practical death, and each of the above crimes is subject to the punishment provided for a crime of violation of the Industrial Safety and Health Act with heavier punishment.