건설기계관리법위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, 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
1. A person who intends to operate construction machinery of at least three tons shall obtain a construction machinery operator's license;
Nevertheless, at around 15:00 on March 15, 2013, the Defendant, without obtaining a construction machinery operator’s license, operated approximately 3 K metric tons from approximately 3 KK to the front of the “D farm” located in C from the coast of Yangyang-gu Dong-gun, Yangwon-gun, Yangyang-gun, the coast of Yangwon-gun, Yangwon-gun.
2. On March 15, 2013, the Defendant, at around 15:10, carried the victim F (54 years of age) in the “D farm”, which he operated, onto the cargo vehicle, carrying the victim F (230 cm, 110 cm in width, 110 cm in weight) onto the fore part of the train on which the victim F (54 years of age) had loaded on the cargo vehicle, and carried it on work to move about about 16 meters away from the said cargo vehicle to the stable.
However, since the place where the defendant operated the above vehicle was in a state where the surface was not broken down, there was a duty of care to safely check whether there was a person or an obstacle in the future and operate it.
Nevertheless, the Defendant, without the construction operator’s license, neglected to perform the above duty of care and operated the said vehicle as it is, and caused the walk to the left side by negligence that the walk to the left side of the vehicle, and the walk to the walk to the walk to the walk to the walk.
The Defendant suffered injury to the victim, such as upper and lower mouths, which require approximately eight weeks of medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of F;
1. A copy of construction machinery registration certificate;
1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;
1. Relevant Article of the relevant Act and Article 41 subparagraph 2 of the Construction Machinery Management Act, the main sentence of Article 26 (1) of the same Act and Article 268 of the Criminal Act concerning criminal facts (the occupation of unregistered type, the choice of imprisonment), and the selection of imprisonment without prison labor).