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(영문) 춘천지방법원 강릉지원 2013.03.28 2012고정490
교통사고처리특례법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving construction machinery C.

On July 30, 2012, at around 13:30 on July 30, 2012, the Defendant was performing the duty of care to safely drive the construction machinery while driving it in the open-end area of YYD E Co., Ltd.

Nevertheless, the Defendant, who was stopped to load and unload tin by negligence while neglecting this, received the part of the victim F (year 46) G dump truck noise machine from the victim F (year 46) driving as the rear part of the said construction machine.

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant asserts that the accident in this case occurred not by the defendant's negligence but by the negligence of the victim's entry into the workplace at his own discretion without the defendant's instruction.

According to the witness F’s testimony, F was paid attention by E Co., Ltd.’s employees prior to the date of the instant accident, “F is likely to conflict if a dump truck enters the workplace because it is dangerous to conflict if a dump truck enters the workplace,” and F is a dump truck without the Defendant’s signal.

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