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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) who drives the vehicle B3.5 tons in business;
At around 08:30 on October 11, 2019, the Defendant, at the 08:30 on the right side of the road in front of the D, located in the Gowon-gun, Gowon-gun, Jeon Chang-gun, was driving towards the direction of D at the right side of the front road at D.
At the time, the place is where the center line of yellow solid lines is installed on the road of the one-lane, so in such a case, a person engaged in driving for the forek driver has a duty of care to thoroughly drive the foreak and safely in compliance with the lane.
Nevertheless, the Defendant neglected to do so and instead cross a one-lane without a construction machinery operator's license, and left the center line of the yellow-ray f10c bicycle driving by the injured party E (ma, 68 years old) who was driving in the direction of masting, the front side of the F 110c bicycle driving by the injured party E (ma, 68 years old) was shocked by the Defendant's left side.
Ultimately, the Defendant caused the victim’s death of the victim of the above occupational negligence due to the heart pressure caused by a fry cage fage, a chest fry, and a fry fage, and caused the victim G (V, 69 years old) who was accompanied by the back fage of the damaged dynas, thereby causing about four weeks of treatment to the victim G (V, f9 years old).
2. The Defendant violated the Construction Machinery Management Act, without obtaining a construction machinery operator’s license for temporary border as referred to in the above paragraph (1), driven and operated B3.5 tons of construction machinery at approximately 20 meters distance from the girth of the road to the center line of D’s front road from the girth of the girst of the two-lanes of the two-lane road.
Summary of Evidence
1. Defendant's legal statement;
1. 24 copies of a survey report on actual conditions and on-site photographs;
1. An inquiry into the enemy (B);
1. Eight copies of a CCTV closure photograph;
1. A written result of autopsy;
1. Registration certificate of construction machinery (fax);
1. Photographs photographs of 14 vehicles held by them, and photographs of the moving direction of damaged soil and sand;