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(영문) 수원지방법원 2015.08.13 2015고정1385
사기미수등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 3, 2015, the Defendant attempted to commit fraud: (a) around 11:00, the Defendant was driving a B gate in the state of a drinking-in vehicle from the 1st floor parking lot of Jini-gu, Young-gu, Soon-si; and (b) was parked in the state of a drinking-in vehicle from the 1st floor parking lot of Ninone or the vehicle owned by the Defendant, and was placed in front of the left-hand paner.

Afterwards, the defendant received an accident as if the mother of the defendant, who owns the vehicle, was driven by E with a view to not paying insurance premiums and exemption money for drunk driving, and requested the victim AXA damage insurance company.

As above, the Defendant was aware of the fact that the driver was changed in the report on the receipt of the accident and did not commit an attempted act.

2. The Defendant violated the Road Traffic Act (driving) in a state of 0.139% of blood alcohol concentration at a temporary border, such as the above 1.1.m., the Defendant driven a section of approximately KRW 500 meters from the street in front of the bus stop in Heungdong-dong, Soulgl, Youngdong-dong, which is located in Heungdong-dong, to the first floor parking lot in the apartment of the first floor of the apartment of the Goung-dong located in the same Goungdong-dong.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. C’s statement;

1. The actual survey report and the occurrence of traffic accidents;

1. On-site photographs;

1. A report on the state of drinking, drinking output, and a report on the state of drinking alcohol generation;

1. Application of Acts and subordinate statutes to a receipt and investigation report on insurance accidents, a certificate of insurance fact, and a written confirmation;

1. Relevant legal provisions concerning criminal facts, Articles 352, 347 (1) of the Criminal Act that choose a penalty, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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