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(영문) 서울북부지방법원 2017.07.19 2017고정473

보험사기방지특별법위반

Text

The defendant shall be innocent.

Reasons

1. On December 11, 2016, the Defendant: (a) around 13:05 on December 11, 201, 2016, on the charge of acquiring insurance money by intentional traffic accident, the Defendant run a F-city bus operated by E on the front side of the D cafeteria located in Gangnam-gu Seoul Metropolitan Government, and (b) caused an intentional traffic accident of a bus going beyond the right side of the bus from India to the roadway.

Therefore, the defendant suffered from the injury of the bus fronter, and requested the bus company to deal with insurance, etc., and received insurance money from the bus mutual aid association, but did not achieve that purpose.

2. The evidence submitted by the judgment prosecutor alone that the defendant had been in the front of the city bus where the defendant had no intention to buy insurance money.

In addition, there is no evidence to acknowledge that the defendant has the intention to commit the crime by deceit.

Rather, in light of the following circumstances revealed in light of the witness E’s legal statement, CCTV video CD reproduction viewing results, and the evidence adopted and investigated by this court, the Defendant appears to have been under the influence of alcohol at the time of the accident, and the Defendant seems to have been under the influence of alcohol at the time of the accident, regardless of his/her own will.

① immediately after an accident, bus driver E attempted to communicate with the Defendant, but at the time, the Defendant was under the influence of alcohol to the extent that the conversation itself is difficult.

(2) Even though a motor vehicle arrives at the scene, the accused shall send it to his/her house.

In other words, it seems that the hospital was not a hospital, and the house was returned to the hospital.

At the time, the defendant was able to keep the horses on the insurance management to E, and there is no marking.

③ E is memoryed that the Defendant was crypted by his own bus as he had a power, and received a sense that the Defendant was able to commit suicide at the time.

In addition, CCTV images are written by the defendant, and the defendant's body in front of the bus is different while it goes beyond his own vehicular road, which is caused by the news.