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Defendant
A shall be punished by a fine of KRW 5,000,00 and by a fine of KRW 1,500,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
1. Defendant A
A. Defendant A, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, is a person engaged in driving a vehicle that has D 4.5 tons.
Defendant
A around March 21, 2017, around 16:30 on March 21, 2017, at the workplace of the Seo-gu Incheon, Seo-gu E Company B, without obtaining a construction machinery pilot's license, operated the said vehicle to transport timber and joint plates.
Since there is a frequent passage of people working at the factory site, the defendant A, who drives the above-mentioned vehicle, has a duty of care to check whether the working person is on the rear side of the vehicle and to prevent the accident in advance by driving the vehicle safely.
Nevertheless, Defendant A neglected to perform such duty of care and received the victim F (54 years old) from the right side of the victim F (54 years old), on which the victim F (54 years old) was arranged in the latter part of the latter part of the latter part of the latter part of the latter part.
As a result, Defendant A suffered injury, such as minculization of the part of the treatment site, which was entered in the number of days of treatment due to the above occupational negligence.
B. Defendant A in violation of the Construction Machinery Management Act operated the said vehicle without obtaining a construction machinery pilot license at the time and place.
2. Defendant B, in violation of the Construction Machinery Management Act, committed the act of violation as described in paragraph (1) 1-B in relation to Defendant B’s business at the time and place specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A report on the generation of goods and the photograph attached thereto;
1. In cases of an investigation report (verification of a license of a suspect construction machinery operator), an official document and a response to cooperation attached thereto, an investigation report (Attachment of a construction machinery registration certificate, etc.), a construction machinery registration certificate attached thereto, an investigation report (Attachment of a corporate registration certificate, etc.), and a certified copy of the corporate registry attached thereto;