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(영문) 울산지방법원 2014.01.23 2013고단3026

건설기계관리법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant is a person engaged in driving service with no number 2.5 tons.

On April 14, 2012, the Defendant driving the said vehicle as his duties without a construction machinery supervisor's license around 04:50 on April 14, 2012, and was operating the vehicle in the border dong-dong of the Korean Combined Cargo Terminal in Yangsan-si.

At the time, the place is frequently where people who are engaged in work are frequent at night, so the defendant engaged in driving service has a duty of care to drive the vehicle by safe methods, such as making it well scambling and left and right, and accurately operating the steering wheel and brakes.

Nevertheless, the Defendant neglected this and caused the injury to the victim, such as the two pelkes and the one-time therapy, which require approximately 12 weeks of medical treatment, due to the shock of the part on the left side of the victim D (ma, 53 years old) who was driving by the Defendant at the right-hand side from the left-hand side of the running direction of the above knife of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, on-site photograph, and a construction machine supervisor's license;

1. Application of the legislation in its opinion;

1. Article 3 (1), the proviso to Article 3 (2) or 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 41 subparagraph 3 of the Construction Machinery Management Act and the main sentence of Article 26 (1) of the Construction Machinery Management

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the first offender, the victim was treated with industrial accident insurance, the victim deposited 6 million won in the future, and the circumstances leading to the instant crime, etc.).