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(영문) 서울중앙지방법원 2021.03.11 2020고정2422
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to use or operate construction machinery in violation of the Construction Machinery Management Act shall not use or operate it unless it has been registered, and a person who intends to operate construction machinery shall obtain a construction machinery operator's license;

Nevertheless, around December 19, 2019, the Defendant operated an electric charging vehicle 1.5t without obtaining a construction machinery pilot license from the front side road of Seoul Jung-gu, Seoul, and operated an electric charging vehicle with no number plate, which is an unregistered construction machinery.

2. The defendant, who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving service to which no license plate is available;

The Defendant, at the time and place specified in paragraph 1, was loaded with a knive vehicle without a construction machine operation amnesty as above.

In this case, there was a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle for the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and received the right edge part of the victim C (51 tax, female) who was walking in the rear bank due to the negligence of the latter.

Ultimately, the Defendant suffered approximately eight weeks of medical treatment due to the above occupational negligence from the victim’s opening of the upper right body, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. The application of the defendant's legal statement C traffic accident report, the victim's medical certificate, the suspect's business operator registration certificate, and the Acts and subordinate statutes of each investigation report;

1. Article 40 subparagraph 1 of the relevant Act on the Management of Construction Machinery, Etc. for criminal facts, Article 40 (1), Article 4 (1) (the operation of unregistered construction machinery), Article 41 subparagraph 14, the main sentence of Article 26 (1) (the operation of unregistered construction machinery), Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Selection of each fine provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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