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(영문) 서울중앙지방법원 2016.11.09 2016고단5183

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On April 10, 2016, the Defendant was under the influence of alcohol 0.061% in blood alcohol concentration on April 10, 2016, the Defendant driving a 35-meter eniccus-car from the Gwanak-gu Seoul Special Metropolitan City’s location to the roads front of Gwanak-gu in Seoul Special Metropolitan City.

B. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of Enicus.

On April 10, 2016, at around 05:17, the Defendant was under the influence of alcohol with 0.061% of blood alcohol concentration, and was straighted along the two-lanes of the three-lanes in Seoul Special Metropolitan City, Gwanak-gu.

In such cases, as a driver of a motor vehicle, he/she has a duty of care to prevent accidents by observing the signal.

Nevertheless, despite the fact that the Defendant was a direct driving signal, the Defendant was faced with the front part of the GOtoba, which was driven by the Victim F, which was driven by the victim F in one lane in the same direction due to the occupational negligence of the U.S., in violation of the signal, and caused the above victim to suffer from the right-hand fladal of the flag ladal lag, requiring approximately six weeks medical treatment.

2. The Defendants’ co-principal conduct: Defendant A is driving on the part of Defendant A, as in paragraph 1(b) of this Article, with the relation to the relation where the above vehicle as the insured by Defendant B, who caused the traffic accident, entered into the “limited driving agreement to one of the named insured workers.”

In the event of the occurrence of an accident, Defendant B is driving with the knowledge that the comprehensive motor vehicle insurance is not subject to the application.

As a result of a traffic accident, there was a conspiracy to receive insurance money and obtain insurance money.

Defendant

B On April 10, 2016, around 06:26 on April 10, 2016, at the front intersection in Gwanak-gu, Seoul Special Metropolitan City, the victim Samsung Fire Insurance Co., Ltd. is driving the above vehicle B while accepting an accident.

The accident occurred, and the defendant A received the accident as if he was on board the chief of the vehicle at the time of the accident.