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

Punishment of the crime

The defendant is a person who is engaged in the driving duty of B7 tons for the defendant.

On February 23, 2018, the Defendant driving a construction machinery, without obtaining a construction machinery operator's license from February 23, 2018, and driving the front road in the Gunsan City at the speed of E in the direction of loading and unloading.

Since there is a place where a port loading and unloading work is conducted, the defendant engaged in the driving duty has a duty of care to accurately operate the steering and steering gear by accurately operating the steering gear and steering gear while keeping the steering room and the right and the right and the right.

Nevertheless, the defendant neglected this and got the victim F (26 years of age) who walked to the right side from the left side of the direction of the course of the Madle accused by negligence, and went beyond the floor and went up on the side of the Madle accused's bridge.

결국 피고인은 위와 같은 업무상과실로 피해자에게 약 16주간의 치료가 필요한 우측 아래 다리 및 대퇴부의 으깸 손상 등에 의한 우측 하지 절단이라는 중상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the license ledger for construction machinery pilots, such as a report on the occurrence of a traffic accident, a traffic accident report, an accident site photograph, a construction machinery registration certificate, a chassis, a witness verification, a medical certificate, and a construction machinery operator

1. Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and injury caused by traffic accidents, the choice of imprisonment without prison labor), Article 41 subparag. 2 of the former Construction Machinery Management Act (amended by Act No. 15778, Sept. 18, 2018; Act No. 16134, Dec. 31, 2018; the same shall apply) and Article 26(1) of the former Construction Machinery Management Act (amended by Act No. 16134, Dec. 31, 2018);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.