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Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. The defendant is engaged in driving a vehicle C in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
On August 12, 2017, the Defendant driven the above vehicle without obtaining a construction machinery pilot's license on construction machinery around 11:40, and tried to enter the same one lane between the five lanes near the gas station in Hado-si D after oiling.
Since there has been a center line, the driver of the vehicle had a duty of care to drive the vehicle safely by viewing the right and the right of the front and the right while driving the motor vehicle as the center line.
Nevertheless, the defendant entered the above one-lane without a construction machine operator's license, and the defendant driven the above one-time road by driving the vehicle in the inside of the water room with the inside of the water room. The defendant did not discover the G 100 ambath of the victim F (48 tax)'s G 100 ambath in the above-lane, and did not discover the victim's ambath in the above-lane part, and caused about 3 weeks of the victim's ambath to the above ambast part, and suffered about 3 weeks of the victim's ambathy, etc.
2. The Defendant violated the Construction Machinery Management Act, at the same time and place as the above paragraph (1), operated a construction machinery pilot without obtaining a construction machinery pilot’s license.
Summary of Evidence
1. Partial statement of the defendant;
1. A statement prepared by the F;
1. A traffic accident report;
1. Response to whether a construction machinery operator's license is registered;
1. A copy of construction machinery registration certificate;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions of facts constituting an offense, Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 41 Subparag. 2 of the Construction Machinery Management Act, the main sentence of Article 26(1) (a) of the Construction Machinery Management Act, and the selection of fines, respectively;
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. Article 334(1) of the Criminal Procedure Act (the defendant and his defense counsel, and the defendant) of the Provisional Payment Order