Text
Defendant
A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 500,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
1. Defendant A is engaged in driving a motor vehicle D. A. The Defendant is engaged in driving.
At around 19:30 on October 28, 2013, the Defendant was proceeding to the entrance of the factory at the factory by a melting sea route in F in the west-gun E, Jeonnam.
In such cases, the driver of a vehicle shall accurately operate the steering system, brakes and other devices of the vehicle, and shall not drive the vehicle at such speed or in such a manner as to inflict any danger and obstacle on others, depending on the traffic conditions of the road and the structure and performance of the vehicle, and have the duty of care to prevent accidents in advance by safely driving the vehicle.
Nevertheless, the defendant neglected this and failed to drive safely, caused the victim G (ma, 50 years old)'s right edges of the victim G (ma, 50 years old) which was being cleaned after the defendant had a different wheel part of the left side of the vehicle driven by the defendant.
As a result, the defendant suffered injury, such as inside the right spawn part, which requires treatment for about five weeks.
B. The Defendant, around October 28, 2013, driven a D-car without the operator license for construction machinery inside a factory, a melt sea-ro in the F-W E located in the Jeonnam Ma.
2. Defendant B is the representative director of F.
Although Defendant A, who is a worker in F, operates D's vehicle without an operator license under the Construction Machinery Management Act, Defendant A, as a representative of a legal entity, should check whether he/she is a worker's license and instruct the supervision, Defendant A knew that he/she is not a license.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police officer in G; and
1. Application of the respective Acts and subordinate statutes entered in the medical certificate and the ledger of driver's licenses (A);
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; the Criminal Act.