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(영문) 서울서부지방법원 2017.09.21 2017고단1272

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a golf car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On January 24, 2017, the Defendant driven the above golf car at around 16:02, and led the two-lane road in front of the oil station in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, to drive a two-lane road in front of the oil station in Seoyang-gu, Seoyang-gu, Seoyang-gu, with a one-lane 40km in Si-speed.

At the time, the Defendant, prior to the same direction, was followed by the GM5 car driven by the Victim F (47 tax). As such, a person engaged in driving service, who is well aware of the situation, had a duty of care to ensure safety distance to avoid when the said vehicle stops and prevent accidents in advance.

Nevertheless, the Defendant found that the said SM5 passenger vehicles were stopped due to the negligence of driving a vehicle in close vicinity by neglecting this, and immediately operated the vehicle, but did not stop, and received the part of the said SM5 passenger vehicle behind the said SM5 passenger vehicle, which the Defendant was driving.

Ultimately, the Defendant received salt and tensions from the victim before the border area that requires approximately two weeks of medical treatment due to the above occupational negligence, and at the same time, damaged the above SM5 car to the extent of KRW 1,090,674.

2. Violation of the Automobile Management Act;

(a) A person who takes over a registered motor vehicle shall file an application for registration of transfer of ownership of the motor vehicle with the Mayor/Do Governor;

Nevertheless, the Defendant received KRW 3,500,000 from H on June 14, 2015, the Defendant did not apply for the registration of transfer within 15 days without justifiable grounds, even though he/she received KRW 3,500,000 from H.

(b) Where a transferee of an automobile intends to transfer it to a third party, he shall make a registration of transfer of ownership of automobile in his name before transferring it;

Nevertheless, the Defendant.