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(영문) 수원지방법원안산지원 2020.12.10 2020고단907
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2016, the Defendant violated the Construction Machinery Management Act: (a) driving a construction machinery-related d 4.5 tons of construction machinery without obtaining a construction machinery operator’s license from the workplace within the C factory located in Ansan-si, Seoul-si, Seoul-si, to the front road; (b) around 10 meters from the workplace of the C factory to the front road.

2. The Defendant is a person who is engaged in driving service with D 4.5 tons or more in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Around 09:30 on April 2, 2016, the Defendant stated in the indictment that, in order to load goods by driving the said vehicle without obtaining a construction machinery operator's license from the front of the C factory located in Ansan-si, Seoul-si, Seoul-si, the Defendant was behind "in order to enter the C factory". However, while recognizing the facts charged, the Defendant asserted that the vehicle was behind the vehicle for loading goods and the accident occurred while pursuing the direction of the vehicle (the defense counsel's opinion on November 19, 2020). On the contrary, the Defendant did not prove that there was no evidence to prove that the Defendant was behind the entry into the factory at the time of the instant case, and thus, the vehicle driving background is corrected as above.

The latter became more serious.

In such cases, there was a duty of care to ensure that a person engaged in driving for the forek driver has a duty of care to operate safely by accurately manipulating the steering direction and operating the steering system in order to prevent the worker from approaching the surrounding and the direction of the forek driver.

Nevertheless, the defendant neglected to do so.

At this time, the upper right side of the victim E (the age of 41) who is working in the vehicle control in the front side of the defendant's right side of the victim E (the age of 41) was shocked by the front side of

As a result, the Defendant suffered injury to the victim, such as the injury within the left-hand side in need of approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1.

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