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(영문) 부산지방법원 2014.05.26 2014고정1033
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 29, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) came to enter the sidewalk for parking, while driving a car free on the front of the Busan So-gu B.

At the time, since the victim D (50 years of age) was in the old, in such a case, the defendant engaged in driving service has a duty of care to check whether there is a pedestrian who temporarily stops and safely drive the report.

Nevertheless, the Defendant neglected to operate the left side of the victim D with his negligence and caused the victim's left side bridge to tear 3 cents by taking the front part of the driver's vehicle into account.

As a result, the Defendant caused the victim’s injury with which the number of days of treatment could not be known due to occupational negligence as above.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant, as a holder of a car, was driving the car without mandatory insurance at the time and place specified in Paragraph 1 as a holder of the car.

3. Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for registration of transfer of ownership with the Mayor/Do governor within fifteen days after it has taken over

Nevertheless, the Defendant did not apply for the registration of transfer of ownership without justifiable grounds until January 21, 2014, even though he/she acquired a car from a person whose name is unknown on January 2012 by transferring the car to another person.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident statement (D) and a report on actual condition investigation;

1. Each internal investigation report, tea investigation, mandatory insurance investigation, and treatment set;

1. Application of Acts and subordinate statutes to photographs of each accident site;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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