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(영문) 서울동부지방법원 2016.10.28 2016고단2690
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the driver of the vehicle B.

around 07:25 on June 11, 2016, the Defendant was driving a cement vehicle at the front delivery of Gangdong-gu Seoul, Gangdong-gu, Seoul, and was transporting cement.

In such cases, a person engaged in driving service has a duty of care to check whether there is a pedestrian in the vicinity and to drive safely by checking the front side and the left side.

Nevertheless, the defendant neglected this and did not discover the victim D (n'e, age 81) who is walking on the left side of the vehicle, and did not proceed with it, and received the left-hand bridge part of the victim's right-hand side.

Ultimately, the Defendant suffered from the injury of the victim, such as the influence of the details of the bridge that requires at least 12 weeks of treatment due to the above occupational negligence.

2. A person who intends to operate at least three tons of vehicles in violation of the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of the competent Si/Gun/Gu, but the defendant operated the vehicles in paragraph (1) without obtaining a construction machinery operator's license at the time and place referred to in

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G preparation;

1. A report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A report on internal investigation and a license register;

1. A medical certificate;

1. Application of field photographs, victim photographs, and statutes;

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

1. Of concurrent offenders, the defendant is driving a vehicle in which the reason for sentencing under the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act, has the defendant without a license.

the victim who was in the way.

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