beta
(영문) 수원지방법원 2015.01.15 2014고단6302

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B motorcycle;

On September 17, 2014, the Defendant driven the above vehicle at a time on September 20:05, and proceeded from the Yari to the transmission of the road at a speed of about 30km from the Yari to the direction of transmission.

At the time, it was night and a front door, so there was a duty of care to prevent accidents by thoroughly manipulating the steering direction and brake system of the vehicle thoroughly and accurately.

Nevertheless, the defendant neglected this and went beyond the right side of the vehicle driving by the defendant due to negligence, and the victim C(I, 59 years of age) who was standing in the front side.

As a result, the Defendant suffered injury, such as scarfing a chest for about 16 weeks of medical treatment by occupational negligence as above.

2. Any person who has violated the Motor Vehicle Management Act shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

On February 2, 2008, the Defendant did not file an application for the registration of the transfer of name within 15 days without justifiable grounds, even though he/she received B vehicles in cash from D at the 00,000 square meters and received B vehicles from the 00,000 square meters or less located in the 00,000.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving a B motorcycle owned by the Defendant who did not purchase mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Medical certificate;

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Act on Special Cases Concerning the Selection of Traffic Accidents, Article 268 of the Criminal Act, Article 81 subparag. 2 of the Automobile Management Act, and Article 12 of the Automobile Management Act;