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(영문) 울산지방법원 2018.10.26 2018고단1616
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 26, 2016, the Defendant violated the Construction Machinery Management Act: (a) operated D3.5t cars, construction machinery, without obtaining a construction machinery pilot license, at the workplace within the “C” factory located in Yangsan-si B.

2. The Defendant is a person who is engaged in driving service with D3.5t.

around 16:00 on December 29, 2016, the Defendant had a construction machinery pilot drive the said vehicle without the above construction machinery pilot license at the workplace within the above C Factory.

In such cases, the driver has a duty of care to ensure that a person engaged in the driving of the fore-board vehicle has a duty of care to refrain from approaching the worker in the direction of the fore-board vehicle and the fore-board vehicle in the direction of the fore-board vehicle, and to operate the steering direction and brake system accurately.

Nevertheless, the Defendant neglected this and putting it into the bottom of a wooden material, and putting it out, and tried to transport freight lanes, the Defendant e (57 cm) was shocked in front of the forking vehicle in order for the victim E (57 cm) to be working.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the body at the bottom of the soft aggregate, which is in need of approximately 37 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each report on investigation;

1. Certificates for each admission and discharge;

1. Construction machinery registration certificate and safety rules data forkepts;

1. Application of Acts and subordinate statutes of each photograph (the list Nos. 6,19);

1. Relevant Article 41 subparagraph 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 41 and the main sentence of Article 26 (1) of the Construction Machinery Management Act (Unlicensed Driving, Selection of Imprisonment), Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (Appointment of imprisonment without prison labor) concerning criminal facts;

1. The punishment shall be aggravated by concurrent crimes with the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes with the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier.

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