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(영문) 서울북부지방법원 2019.10.31 2019고단3684

교통사고처리특례법위반(치상)등

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 became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving 2.5 tons BYD with no license plate;

On June 5, 2019, the defendant driving the above vehicle without obtaining a construction operator's license from June 19, 2019, and turned forward the front report of Seongbuk-gu Seoul from the side of the Cmaart underground warehouse to D agency.

At this point, there is a duty of care to prevent accidents in advance by safely operating steering steering steering devices and brakes without impeding pedestrians' passage through the surrounding area, because there is a place where a sidewalk for pedestrians is installed, and in such a case, a driver has a duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected to do so and did not receive a construction operator's license and did not discover the victim E (the age of 79) who was on the sidewalk due to negligence after the report, and received the back part of the above.

The Defendant suffered, due to the above occupational negligence, the victim suffered approximately six weeks from the 1st left-hand side of the 1st place in need of treatment and the 2nd place in front of the 1st place in front of the original body.

2. The Defendant violated the Construction Machinery Management Act: (a) operated the 2.5 tons BYD car without obtaining a construction operator’s license from the underground warehouse of the Cmate building in Seongbuk-gu Seoul, to the D agency from approximately 30 meters; and (b) 2.5 tons BYD car without obtaining a construction operator’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A medical certificate;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes to a photograph or CCTV image photograph;

1. Article 3(1), the proviso of Article 3(2)7 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 41 subparag. 14 of the Construction Machinery Management Act, the main sentence of Article 26(1) of the Construction Machinery Management Act, concerning criminal facts, and the operation of unlicensed construction machinery;