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(영문) 광주지방법원 순천지원 2016.08.24 2016고단1115
사기미수등
Text

A defendant shall be punished by imprisonment for not more than ten 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. 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 that has CLARK (CPX20) as a construction machinery.

On January 31, 2016, around 15:45, the Defendant driven the above while driving a construction machinery driver's license on the front side of the Southern Bosung-gun D, and continued to proceed to the outer village protection from the bend of the Yeong-dong village.

At this point, the village length without a central line and the place where pedestrians are frequent, so the person engaged in driving of the fork-way has a duty of care to secure a proper height from the fork-way vehicle, to live well on the right and the right of the fork-way, to accurately manipulate the steering and the brake system, and to prevent accidents from spreading.

Nevertheless, the Defendant neglected this and proceeded in a state where the view is not secured by up to 15 meters in front of the running direction by raising 35 knife pots for container (1 7 x 5 m, 1.82m high from the ground) with a height of 15 meters, and did not discover the victim E (e.g., 76 years old) coming from the front of the vehicle in front of the Defendant, thereby having the victim go beyond the road.

Ultimately, the Defendant caused the death of a person who was injured by occupational negligence on the same day at the G hospital emergency room located in the Namsung-gun, Namsung-gun, by a natural person, of the chest, the long-term damage within the mouth, and the blood transfusion directly.

2. The Defendant violated the Construction Machinery Management Act: (a) drive the said vehicle without obtaining a construction machinery pilot’s license at the same time and place as paragraph (1).

3. Although the Defendant was involved in a traffic accident while driving a vehicle, as stated in paragraph (1), and the Defendant was involved in the traffic accident, the Defendant was willing to take the Defendant’s H and freight cars to handle the medical expenses, agreement, etc. for the said E with the opportunity to obtain an automobile comprehensive insurance policy from the Non-Life Insurance Co., Ltd.

On January 31, 2016, the defendant is in the same Gun in Bosung-si, Bosungsung-gun before around 17:20.

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