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(영문) 전주지방법원 군산지원 2016.11.23 2016고단865
교통사고처리특례법위반(치상)등
Text

The sentence of sentence against the defendant shall be suspended.

Of the instant charges, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Reasons

Punishment of the crime

A person who intends to operate construction machinery shall obtain a construction machinery operator's license from the head of Si/Gun/Gu

Nevertheless, at around September 14:35, 2015, the Defendant operated the D5 tons of construction machinery without obtaining a construction machinery operator's license from the construction site of the D-dong at the following city B Support Center D-si.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the qualification certificate of the shop driving technician; and

1. Construction machinery register;

1. Application of the Acts and subordinate statutes on investigation reports (Attachment to the Construction Machinery Management Act);

1. Relevant provisions of the relevant Act on criminal facts and the main sentence of Article 41 (2) and the main sentence of Article 26 (1) of the Construction Machinery Management Act for the selection of punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (amount converted into one day: 100,000 won);

1. The summary of the charges of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents among the charges of the instant case at the time of the suspension of sentence is as follows: (a) Article 59(1) of the Criminal Act (the fact that the Defendant is against the charge; (b) the Defendant had already acquired the certificate of qualification as the fork driving technician at the time of the instant operation of the instant vehicle; (c) the Defendant was unable to undergo an aptitude test; (d) the Defendant did not seem to have passed the pertinent aptitude test in light of the Defendant’s health condition and intellectual ability; and (e) the Defendant did not appear to have passed the pertinent aptitude test; and (e) the Defendant was in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents among the charges of the instant case; (c) the Defendant “the Defendant was a person employed at the construction site B at the site in the following following the Defendant’s work site in order to have the victim E (age 55 years old at the time of the operation of the said vehicle; and (d) the Defendant was engaged in the surrounding work.

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