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(영문) 부산지방법원 2017.06.15 2017고정736

건설기계관리법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

Some of the facts charged were corrected.

A person who intends to operate construction machinery shall obtain a construction machinery operator's license from the head of the Si/Gun/Gu on November 15, 2016, but the defendant operated B roller at the section of about 800 meters from the front of the mutual infinite apartment located in the Do, Busan, which is located in the same Dong without obtaining a construction machinery operator's license on November 15, 2016 to the rapid front road located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the next inquiry session (23 pages of investigation records), such as traffic accident reports, damaged photographs, etc.;

1. Article 41 of the relevant Act on criminal facts and Articles 41 subparagraph 2 and 26 (1) of the Construction Machinery Management Act (Optional to punishment);

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the suspended sentence of sentence of the Criminal Act (which takes the attitude of recognizing and opposing the Defendant’s mistake, and without any criminal history against the Defendant, the Defendant appears to have committed the instant crime without knowing that the Defendant’s license was required to drive roller while acquiring a national technical qualification for the driving of roller. The Defendant, who was holding a national technical qualification, can acquire a construction machinery pilot license only when he passes an aptitude test with the main contents of checking physical disability and mental disease. The Defendant was issued the above license on November 30, 2016 immediately after the instant crime was actually committed, and the traffic accident damage caused by the instant crime is minor, and agreed with the victim, etc.)