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(영문) 대구지방법원 2016.02.16 2015고단5645

건설기계관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:00 on August 31, 2015, the Defendant illegally used air defense, attached the E number plate registered in the name of C in the name of B in the name of the Defendant, which is the non-registered digging machine (a model name: Samsung X8W-2, and chassis number: F) that is owned by the Defendant.

Accordingly, the Defendant used the number plate of construction machinery, which is air straw for the purpose of exercising.

2. A person who violates the Management of Construction Machinery shall not operate construction machinery without obtaining a construction machinery operator's license, and shall not operate unregistered construction machinery;

Nevertheless, on September 1, 2015, the Defendant: (a) operated an unregistered construction machinery pilot license on the section of approximately 300 meters from around 13:10 to around 300 meters from around 13:0 to around 3:0 to around 3:0; and (b) operated the scooters as described in paragraph (1), which is an unregistered construction machinery.

3. The Defendant, at the time and place specified in paragraph 2, exercised the air defense that was unlawfully used by the Defendant by operating the above soft machine with a construction machinery number plate attached, as described in paragraph 1, as described in paragraph 2.

4. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of the digging machines as set forth in paragraph (1).

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the defendant operated the above soft machine which was not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes;

1. Article 238(1) of the Criminal Act applicable to criminal facts, Article 238(2) and Article 238(1) of the Criminal Act, Article 238(2) of the Criminal Act and Article 238(1) of the Construction Machinery Management Act (the point of exercising illegal air defense) and Article 40 of the Construction Machinery Management Act.