A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

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 the operation of construction machinery for less than three tons;

At around 20:30 on May 3, 201, the Defendant operated a D logistics terminal in Seo-gu Incheon Metropolitan City, without obtaining an operator license for construction machinery, and got back to the speed of the city at the speed.

Since the Defendant got back from a door-to-door terminal at the time, there was a duty of care to safely start after checking whether there is a person engaging in driving service.

Nevertheless, the defendant neglected to do so and served as the back wheels of the vehicle with the right edge of the victim E (the age of 50) who is walking due to negligence.

As a result, the Defendant suffered injury, such as a fluoral flag, from the victim’s 12 weeks of medical treatment due to the foregoing occupational negligence.

2. The Defendant violated the Construction Machinery Management Act: (a) operated the vehicle without obtaining the construction machinery operator’s license from the date and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A traffic accident report, on-site drug map, on-site survey report, each investigation report, the name group of workers present at work, on-site photographs, and a report on the results of investigation;

1. A medical certificate;

1. Application of the statutes on the copy of car driving licenses and the register of car driving licenses;

1. Article 3 (1), the proviso to Article 3 (2) or 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 41 subparagraph 2 of the Construction Machinery Management Act, or the main sentence of Article 26 (1) of the Construction Machinery Management Act (the operation of construction machinery without a construction machinery operator's license);

1. Imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, and imprisonment for a violation of the Construction Machinery Management Act;

1. Of concurrent crimes, 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 is more severe;