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(영문) 부산지방법원서부지원 2020.08.26 2020고단1151

보험사기방지특별법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant served in the Fwing-gu B building in Busan, and the D'E's operation, and was engaged in driving of Fwing-III, which is a business vehicle of the above "E".

1. Around 13:08 on February 21, 2020, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (Unlicensed Driving) operated the said cargo without obtaining a driver's license, and made the left-hand turn to the left-hand turn at the entrance of the premises of the ideology and public parking lot located in the Seo-gu Busan Metropolitan City (Clock).

Since there are lots of crosswalks, in such a case, there was a duty of care to check whether there was a person engaged in driving of a motor vehicle to reduce speed and to see well the right and the right of the front side of the motor vehicle, and to prevent the occurrence of an accident in advance.

Nevertheless, the Defendant neglected this and got the victim G (the age of 53) who dried a marina due to negligence in driving it as it is, and received the front part of the cargo vehicle Ⅲ.

Ultimately, the Defendant suffered injury to the victim, such as salt ties and tensions, which require approximately two weeks of medical treatment due to occupational negligence, and driven a motor vehicle without a driver’s license at the same time and place.

In order to clarify the criminal facts of the Road Traffic Act (unlicensed Driving), the word of the end was added.

2. The Defendant and D, in violation of the Special Act on Insurance Fraud Prevention, conspiredd to make a false report to the Victim H Co., Ltd., an insurance company, as if the Defendant driven a vehicle in order to conceal the Defendant’s unlicensed driving at the time and place specified in the foregoing paragraph (1).

According to the above mother, D attempted to receive insurance proceeds by receiving false insurance accidents by telephone to an employee in charge of receiving the victim company at a time and time, but the defendant was fear of punishment around February 28, 2020.