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(영문) 서울북부지방법원 2016.10.27 2016고정1694

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On May 4, 2015, at around 10:15, the Defendant, at the same time as Nowon-gu in Seoul Special Metropolitan City, proceeded at a speed of 1 lane in front of the relay 1 complex, which is located in the same 210-gil 22, a commercial name, toward the direction of relay.

Since there is a road where the passage of a vehicle is frequent, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by safely driving the motor vehicle, maintaining the safety distance from the vehicle driven on the front side.

Nevertheless, the Defendant neglected this and failed to observe the safety distance, etc. with the vehicle running ahead of the Defendant, thereby being driven by the victim C(70 years of age) who was driving in the same direction at the front of the Defendant’s vehicle.

As a result, the Defendant, by negligence in the above business, destroyed the victim’s injury to the light base for approximately two weeks of medical treatment, and at the same time destroyed the above NFIS No. 387,458 won, which is the victim’s possession.

2. Although the Defendant is prohibited from operating a motor vehicle on the road that is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act, the Defendant operated the B franchise XG motor vehicle without mandatory insurance on the road front of the relay 1 complex located in the same Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 210-gil 22.

3. A person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree, but the defendant shall have the ownership of a motor vehicle without justifiable grounds until the date specified in paragraph (1) while he/she takes over B-XG motor vehicle from his/her name partner in Seoul Special Metropolitan City around April 20