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(영문) 광주지방법원 순천지원 2021.03.25 2020고단1464
교통사고처리특례법위반(치상)등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

except that the above sentence shall be imposed for two years from the date on which this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle C7 ton.

On February 11, 2020, the Defendant driven the said vehicle without obtaining a construction machinery pilot's license on construction machinery around 15:00, and turned back the vehicle while driving the vehicle at the E construction site located in D at the summer-si, in a non- packing slope, the surface was disslicked, and the Defendant turned down the vehicle.

Since other workers are working at the construction site, there was a duty of care to check the location of other workers, and to prevent accidents, as a person engaged in driving on the fore-going vehicle in such cases, there was a duty of care to prevent accidents.

Nevertheless, the defendant, without confirming the location of other workers, went back to the left side of the victim F (the remaining and the age of 37) who was working in the right side of the latter by negligence operating the steering gear, and served as the wheels of the victim F (the age of 37).

As a result, the Defendant suffered damages to the right-hand slopings that need approximately 17 weeks of treatment from the above occupational negligence.

(b) Any person who intends to operate construction machinery shall obtain a construction machinery pilot's license from the head of a Si/Gun/Gu;

Nevertheless, the defendant did not obtain the above license and operated the same as the paragraph 1(a).

2. Defendant B, as a building department in G (ju), is a person who is in charge of the field director in charge of the overall work of the Corporation at the construction site of E located in Si/Gun/Gu and is engaged in the direction of A’s work.

On February 11, 2020, the Defendant used C7 tons of trucks at the above construction site on February 15, 2020 to work.

In cases of using a construction machinery for which the construction machinery is under the Construction Machinery Management Act, a person engaged in the duties of supervising the work at the construction site.

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