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(영문) 전주지방법원 정읍지원 2016.07.26 2016고단284
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 engaged in driving cars B.

On March 6, 2016, the Defendant continued to run the construction machinery pilot's license on the front side of the deep-sea village located in lurdolsan, lurdo-si, lurdo-si without a license.

At the same time, the road is one-lane, and the parking lot is parked on the side of the road, and the view of other vehicles or pedestrians was difficult, so in such a case, the driver has a duty of care to safely operate the steering gear and the operation of the steering system by ascertaining the surrounding traffic situation and accurately operating the steering gear.

Nevertheless, the Defendant neglected this and did not look at the rear bank properly, and caused the victim D ( South, 64 years old) who was a victim D ( South, 64 years old) who was on board the above road and was going to go directly on the road along a one-lane of the room of the office, on the lurgic room, from the backside by negligence of the backside bank.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the right doggical wound that requires approximately six weeks medical treatment.

2. The Defendant violated the Construction Machinery Management Act, without obtaining a construction machinery pilot license at the date, time, and place specified in paragraph 1, driving approximately 5 meters of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. A report on internal accidents;

1. The driver's license ledger (A) and the driver's license ledger (E);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 41 Subparag. 2 of the Construction Machinery Management Act, and Article 26(1) main sentence of Article 26(1) of the Construction Machinery Management Act (the occupation of a licenseless driving of construction machinery), respectively;

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