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(영문) 대전지방법원 논산지원 2020.06.16 2019고단298
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On June 13, 2018, the Defendant violated the Construction Machinery Management Act: (a) operated the Defendant’s “C” within the “C” place of business, and (b) operated the D5t type of construction machinery without obtaining a construction machinery operator’s license.

2. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a vehicle to which the Defendant had a construction operator’s license mentioned in paragraph (1) without the date and place stated in paragraph (1).

In such cases, a person engaged in driving for the forek driver has a duty of care to prevent another person from approaching the surrounding and the direction of the forek driver, and to ensure safe operation by accurately manipulating the steering direction and the brake system.

그럼에도 피고인은 이를 게을리 하여, C형 중고 형강제 하차작업을 위하여 피해자 E(52세)가 화물자동차에 올라가 있는데도 위 지게차를 주행하여 위 지게차 발로 위 형강제를 밀어 피해자가 위 형강제와 지게차 발을 피하기 위하여 화물자동차에서 밑으로 넘어지게 하였고, 뒤이어 위 형강제가 화물자동차에서 떨어지면서 피해자의 왼쪽 발등을 찧게 하였다.

As a result, the Defendant suffered from the above negligence the victim’s injury, such as the victim’s alley to the right pelle, the first pelle to the left pelle part, the second pelle to the second pelle to the right pelle, the third pelle to the third pelle to the right pelle, the second pelle to the right pelle to the right pelle.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Each investigation report (Attachment to the ledger of driver's licenses of suspects, and the ledger of construction machinery for suspects);

1. Application of Acts and subordinate statutes to medical certificates and photographs of the upper part of the body;

1. Article 41 Subparag. 2 of the former Construction Machinery Management Act (amended by Act No. 15778, Sept. 18, 2018) and the main text of Article 26(1) of the former Construction Machinery Management Act (amended by Act No. 1578, Sept. 18, 2018) regarding criminal facts

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