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(영문) 의정부지방법원 2019.07.17 2019고단1853
교통사고처리특례법위반(치상)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a train which is a construction machine in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On July 17, 2018, the Defendant was driving a vehicle on the front side of the B market at 00:10, Guri-si, Seoul, and had the vehicle go behind.

Since there are automobiles and employees to move agricultural products, they had a duty of care to view front, rear, left, and right and right of the driver of the vehicle and to drive the steering gear safely.

Nevertheless, the Defendant neglected this and did not take a proper view of the latter while driving the said vehicle without obtaining a construction machinery operator’s license, and went back to the latter part of the said vehicle, and went back to the latter part of the said vehicle with the rear wheels of the victim’s right bridge, and suffered injury to the victim, such as the mouth of the body of the body of the bridge, without mentioning about about 16 weeks of treatment.

2. The Defendant violated the Construction Machinery Management Act without obtaining a construction machinery operator’s license at the date, time, and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a survey report, a photograph of the scene of the accident, and a photograph of the scene of the accident;

1. The General of Driver's Licenses (A);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the fact of causing bodily injury while driving a construction machine, the selection of imprisonment without prison labor), Article 41 subparagraph 14 of the Construction Machinery Management Act, and Article 26 (1)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be increased by concurrent crimes with the punishment determined by the Act on Special Cases concerning the Handling of Traffic Accidents which is heavier than that of the punishment (the punishment shall be increased by concurrent crimes, but two

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