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(영문) 전주지방법원 2019.10.10 2019고단452
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle B while driving a vehicle B;

On September 16, 2018, the Defendant driven the above vehicle without obtaining a construction machinery pilot's license on construction machinery around 16:00, and got back the vehicle from the large-scale waste sorting line located in D located in Jeonju-gun, Jeonbuk-gun.

At the same time, the driver had a duty of care to prevent accidents in advance by driving safely by keeping the front, rear, and left and right well on the part of the driver.

Nevertheless, the Defendant neglected this and followed the victim E (the 61-year old age), which was going behind the said vehicle due to the negligence of the Defendant, left the said victim E (the 61-year age), and went beyond the victim, and led to the said victim's left bridge.

Ultimately, the Defendant suffered damage to the pressure of the bridge part below the left-hand side in need of approximately 16 weeks of medical treatment due to the above occupational negligence.

2. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a license from the head of a Si/Gun/Gu to operate the construction machinery, but the Defendant operated the construction machinery without obtaining a license from the operator of the construction machinery.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. The actual condition of traffic accidents;

1. On-site photographs;

1. Registers of driver's licenses;

1. Investigation report (related to recognition of a violation of the Construction Machinery Management Act);

1. Application of Acts and subordinate statutes to investigation reports (whether serious injury is applicable);

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 in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 41 subparagraph 14 of the Construction Machinery Management Act, and Article 26 (1) of the Construction Machinery Management Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Suspension of execution;

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