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(영문) 대전지방법원 2020.04.23 2019노3638
상습사기등
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The traffic accidents listed in Nos. 16, 18, 19, 31, and 45 of the annexed Table 1 of the List of Crimes, which are annexed to the judgment of the court below, do not intentionally cause an accident by the Defendant. 2) The sentence of the court below on unreasonable sentencing (one year and four months of imprisonment) is too unreasonable.

B. Prosecutor 1) Since the traffic accidents listed in Nos. 4 through 7, 38, 43, 49, and 50 of the annexed Table 1 of the judgment of the court below on mistake of facts are the same type as other traffic accidents which were found guilty, this part of the judgment should also be deemed to have caused an accident on purpose by the defendant, since these accidents occurred repeatedly for a specific period. In addition, since AP took advantage of 33 times or vehicles involved in an accident and received treatment even without an injury, there is sufficient collusion between AP and the defendant. 2) The sentence of the court below on unreasonable sentencing is too unreasonable.

2. Determination on the grounds for appeal

A. The Defendant also asserted the same purport as this part of the grounds for appeal, and the lower court rejected the above assertion by providing a detailed statement on the determination of the facts concerning the Defendant’s assertion of mistake of facts.

In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant had proved without reasonable doubt that he intentionally caused each traffic accident as stated in the facts charged, and the judgment below did not err by mistake of facts alleged by the defendant.

The traffic accident No. 16 in No. 16 of the crime sight table 1 is an accident where the vehicle of the defendant entering the intersection is a collision between the other vehicle that has entered the intersection and the other vehicle that has entered the intersection late to turn left.

AC, the other driver of the vehicle, is the vehicle of the defendant, and if the signal is changed and the situation of departure is normal, the speed cannot be reduced, and the shock intensity is too high at the time of the accident.

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