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(영문) 대구지방법원 2013.05.30 2013고단2074
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in the driving duties of B 2.5 tons.

On January 26, 2013, at around 09:55, the Defendant operated the said car without obtaining a construction machinery operator's license, and continued to drive the said car at about 20 km from the edge of Jincheon-si, Yongcheon-si to the national highways of about 35 km from the edge of Jincheon-si.

At the same time, there is a road that is passed by the vehicle at the front, so that there was a duty of care to safely drive the vehicle by reducing the speed and properly manipulating the steering gear, brake system, etc. for the person engaged in the driver's duty.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the front side of the foreel truck driving by the victim C(the age of 68) driving from the south side of the mast, and received pokes installed on the front side of the foreel truck driving by the Defendant.

After all, the suspect suffered injury to the above C, such as knee knee knee kne, etc., which needs to be treated for about 2 weeks due to the above occupational negligence, and the victim E (V, 47 years old) who was seated in the above wing truck, about 14 weeks of medical treatment, respectively.

2. The Defendant violated the Construction Machinery Management Act, at the time and place specified in paragraph (1), operated approximately 5 meters of the two 2.5 tons of the two construction machinery operators without obtaining a construction machinery operator’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Report on traffic accident (report on actual condition of traffic accident 1,2);

1. Each written diagnosis;

1. Photographs related to traffic accidents;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 3 (1), 3 (2) (proviso) and 7 of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, and Article 26 (1) of the Construction Machinery Management Act concerning criminal facts;

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