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(영문) 대전지방법원 공주지원 2020.06.05 2020고단94
건설기계관리법위반등
Text

A defendant shall be punished by imprisonment for four 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. A person who intends to operate construction machinery violating the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu;

Nevertheless, from March 11, 2020 to around 11:50 on the same day, the Defendant operated C Excavation Engines without obtaining a construction operator's license in order to perform land rearrangement work in B during public cities.

2. Around 10:00 on March 6, 2020, the Defendant was driving a f5 tons Rano truck without obtaining a driver’s license from the Defendant’s residence located in D at Gongju to the arrival of the road near E.

At around 11:50 on the same day, the Defendant continued to operate the above digging machine on the land as a result of a fire due to a sudden cause, and thus, there is a concern that the Defendant would be punished for operating the digging machine without the construction operator’s license, and operated a f5 tons metric truck without obtaining a driver’s license from the above place to the Defendant’s residence located in D at the public city.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning G;

1. Copy of construction machinery registration certificate and the register of driver's license (A);

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation and report internal investigation (to hear statements for H telephone communications);

1. Relevant Article of the relevant Act on criminal facts, Article 41 subparagraph 4 of the Construction Machinery Management Act, the main sentence of Article 26 (1) of the Construction Machinery Management Act (Control of Unlicensed Construction Machinery Adjustment), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, the following circumstances and the defendant's age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime are committed:

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