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(영문) 의정부지방법원 2018.08.21 2018고단1686
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle C2.98 ton in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On December 8, 2017, the Defendant was driving the said vehicle in E located in Spocheon-si, Ma on December 13:05, 2017.

At this point, the person engaged in the operation of the driver's vehicle as the place where the above factory seal is working, has a duty of care to safely operate the steering system and brakes by properly operating it.

Nevertheless, the defendant did not neglect the construction machinery operation license and did not check the rear side without confirming the rear side, and served the right edge of the victim F (62 Do) on the left side of the above line.

Ultimately, the Defendant suffered injury to the victim, such as the cutting of a fluoral aggregate, in need of approximately three weeks of medical treatment due to the above occupational negligence.

2. The Defendant violated the Construction Machinery Management Act, at the time and place indicated in the “1” paragraph, operated the C-motor vehicle without a construction machinery pilot’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. A yellow survey report, a driver's license register, construction machinery registration certificate, and investigation report (whether a small construction machinery curriculum has been completed);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point on duty and negligence) concerning criminal facts, Articles 41 and 26(1) of the Construction Machinery Management Act (a point of licenseless driving of construction machinery), and imprisonment selection;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the degree of injury is not insignificant in consideration of the period of hospitalization of the victim in this case, and the defendant is in the past.

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