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(영문) 대전지방법원 2015.04.21 2014고단3992
도로교통법위반(사고후미조치)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. 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 July 2, 2014, the Defendant did not file an application for the registration of transfer of ownership of the said motor vehicle within 15 days without justifiable grounds, even though he/she acquired D's franchise that was registered as C owned by his/her name partner in the vicinity of the Bupyeong-si, Seocheon-si, Seocheon-gu, Busan, by transfer of the said motor vehicle in KRW 1.5 million.

2. The defendant is a person who is engaged in driving a motor vehicle of the above Drop XG in violation of the Road Traffic Act (if the defendant is involved in driving the motor vehicle) and the Road Traffic Act (if the driver is involved).

On August 14, 2014, at around 00:10, the Defendant driven the said car while under the influence of alcohol with 0.196% of alcohol concentration 0.19%, and driven the two-lane road of the Yongsan-gu, Daejeon-gu, the flow of Yongsan-distance, which is located in the electric route of the Daejeon-gu, toward the Hongdo-ri intersection on the same side along the five-lane distance.

Since the place is a private distance intersection that can turn right and left, the driver of the vehicle has a duty of care to prevent accidents by accurately operating the steering direction and operation of the steering system according to the front, rear, and left and the right and the right of the driver of the vehicle, and by safely driving the vehicle in the vicinity by avoiding the accident.

Nevertheless, the Defendant neglected the foregoing while under the influence of alcohol and proceeded along the two-lanes, which are left-hand lanes, while changing the two-lanes into three-lanes, which are right-hand lanes, and was driven along the right-hand side of the driving direction due to the negligence of changing the two-lanes into the two-lanes, and received the part of the back-hand part of the Defendant’s driving in front of the right-hand part of the car.

Ultimately, the Defendant’s occupational negligence as above is about KRW 483,340,000 at the repair cost, such as the exchange of the back of the passenger car owned by the said victim.

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