A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years 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 a vehicle with 3.5 tons.

At around 16:00 on July 5, 2013, the Defendant: (a) operated a stone foundation in the building site located in C, and (b) operated the said vehicle, the Defendant neglected to take measures such as assigning safety facilities and safety personnel; and (c) neglected to perform his/her duty of care to prevent accidents by checking the surrounding areas; and (d) neglected to perform his/her duty of care to prevent accidents; (b) caused the victim’s injury to the back wheel part of the left-hand side part of the said forkbuck; and (c) caused the victim’s injury, such as pressure damage to the buckbuckbbbbbbbb, which requires treatment for about 12 weeks.

2. A construction machinery operator's license shall be granted to a person who intends to use or operate construction machinery unless he/she has registered under Acts and subordinate statutes governing construction machinery violating the Construction Machinery Management Act;

Nevertheless, the defendant operated the car without obtaining the construction machinery operator's license at the above date, place, and without obtaining the construction machinery operator's license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The statement concerning F;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso to Article 3 (2) 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, Article 26 (1) of the Construction Machinery Management Act, and Articles 40 subparagraph 1 and 4 (1) of the Construction Machinery Management Act (the point of operating unregistered construction machinery and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;