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(영문) 수원지방법원 안산지원 2013.10.30 2013고단2298
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives construction machinery of Crobeer.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Violation of the Road Traffic Act on July 17, 2013: (a) operation of the above construction machinery around 406-10 YY-dong, SinY-si, Sinung-dong, which led from the direction of the middle distance from the forest on the side of the forest.

In the latter case, a person engaged in driving service has a duty of care to ascertain whether there is an obstacle in the future and to safely start.

Nevertheless, due to the negligence of neglecting it, the driving of B(48 years old) which was stopped on the rear side of the vehicle under the Dorodow's driver's vehicle drodow's vehicle d'(48 years old) which was stopped on the right side of the construction machinery was shocked.

As a result, the Defendant damaged the victim’s property that requires repair costs of KRW 1,483,666 in estimate of damaged vehicles, such as injuries to the right shoulder, which requires treatment for about four weeks, due to such occupational negligence.

2. On July 17, 2013, on the violation of the Construction Machinery Management Act: (a) drive approximately 30 meters prior to the 406-10 o-dong, Sinung-dong, Sinung-si without obtaining a construction machinery operator’s license on July 17, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Each written diagnosis;

1. Written estimate;

1. The driver's license ledger;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, and the main sentence of Article 26 (1) of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The promotion, etc. of an action to dismiss an application for compensation;

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