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Defendant shall be punished by imprisonment without prison labor for eight 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. On January 8, 2019, the Defendant violated the Construction Machinery Management Act: (a) operated D, construction machinery, without obtaining a construction machinery operator’s license from the front of the “C” road located in the Guri-si B market; (b) around 23:15.
2. The defendant is a person who is engaged in driving a vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
As above, the Defendant driving the said car without obtaining a construction operator's license as above, and driving the said car at an indefinite speed.
A person who is engaged in driving a vehicle has a duty of care to safely drive the vehicle and prevent accidents by safely operating the vehicle while accurately manipulating the steering room and the steering gear, as the center line of the yellow-ray was installed at night and there was a frequent passage of many pedestrians and the employees moving many agricultural products.
Nevertheless, the Defendant neglected this and tried to drive the vehicle above the center line in the opposite lane without properly examining the right and the right and the right and the right of the vehicle in the opposite lane, and did not avoid the victim E (n.e., 57 years old) who was walking at the same place, but did not avoid the right and the victim's right and the right and the right of the vehicle in front of the left side of the vehicle.
Ultimately, the Defendant suffered the victim’s 10 weeks of medical treatment due to the above occupational negligence, such as the sacrife and the sacrife of the sacrife.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The actual condition of traffic accidents;
1. A medical certificate;
1. Application of Acts and subordinate statutes to the scene of an accident and photographs of victims;
1. Article 3 (1), the proviso to Article 3 (2) 2, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Selection of Motor Vehicle, Article 41 (14), and Article 26 (1) of the Construction Machinery Management Act;