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(영문) 울산지방법원 2015.05.14 2014고단2336
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of two tons in Category C.

At around 04:30 on April 9, 2014, the Defendant was operating the said vehicle in the E Logistics Center located D in Yangsan-si without obtaining a construction machinery operator's license, and when operating the said vehicle, the Defendant neglected his duty of care to prevent accidents by checking the front, rear, and left and right, and did not discover the victim F (45 years old) who neglected the duty of care to prevent accidents in advance, and neglected the duty of care to prevent accidents, and caused the victim to suffer from the injury, such as inside the right part of the back part of the said vehicle, which requires approximately 12 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. Traffic accident report and each photograph;

1. The register of driver's licenses, chassis, and construction machinery registration certificate;

1. Each medical certificate, a certificate of injury status, a certificate of hospitalization and a certificate of hospitalization and discharge;

1. The application of Acts and subordinate statutes to an investigation report (applicable legal review), an investigation report (to hear statements of a victim), an investigation report (including additional diagnosis reports submitted by a victim);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, 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 (the point of operating unregistered construction machinery, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (the punishment shall be increased by the concurrent crimes stipulated in the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier, and the punishment shall be

1. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommendation) is an important result of the occurrence of an accident, where there is no basic area (four to ten months) of the first category of traffic accident (the injury of traffic accident) (the special person) (the decision of sentencing) (the decision of sentencing).

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