logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.20 2019고단4704
건설기계관리법위반
Text

Defendant

A A A shall be punished by a fine of one million won, and Defendant B shall be punished by imprisonment without prison labor for eight months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A is a person who carries out the business of entering, leaving, and arranging the warehouse at the headquarters processing company (ju) of clothing, and the defendant B is a vice president of (ju)C, who is in charge of business, management, and field strike.

1. At around 13:25 on May 25, 2019, Defendant B, as a general manager of the foregoing workplace at (State) C, has to thoroughly manage the E-owned vehicle owned by (State)C as a person in charge of the foregoing workplace at (State) the Defendant: (a) managed the said workplace; and (b) has to thoroughly keep the key directly in custody so that it does not cause safety accidents by arbitrarily operating the vehicle; (c) he did not take such measures; (d) by negligence in the course of business, he did not take any necessary measures; and (e) the victim G (age 41) who did not have any other control license, who delivered the goods to (State) the said vehicle to be driven by a victim (age 41) who did not have any knowledge of the surrounding topography of the C, was driven by driving the vehicle to a speed control failure; and (e) caused the death of the victim due to long-term damage to the victim from tin.

2. A person who intends to operate Defendant A construction machinery shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu;

Nevertheless, from the date of 2016 to May 25, 2019, the Defendant operated the E-motor vehicle without the construction operator's license in the workplace within the workplace within the above State (PC).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

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

1. The register of driver's licenses for motor vehicles and the register of motor vehicles;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Article of the Criminal Act and subparagraph A of the punishment: Article 41 subparagraph 14 of the Construction Machinery Management Act and the main sentence of Article 26 (1) of the Construction Machinery Management Act (in the case of operating unregistered construction machinery), Defendant B who is selected as a fine: Article 268 of the Criminal Act and Defendant A who is selected as a imprisonment without prison labor;

arrow