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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty on the ground that the defendant did not intentionally cause each of the traffic accidents in this case is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.
B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is excessively unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the Defendant intentionally committed an insurance fraud as stated in the facts charged.
- In this case, 16 traffic accidents relating to the Defendant’s vehicles have occurred over 7 months, and the frequency thereof has considerably high, and in particular, each crime in the list of crimes less than the list of crimes in the annexed crimes is set by the sequence.
The accident of 2 to 5 is about 4 weeks, and the accident of 8 to 11 is about 3 weeks, and the frequency of the accident is about 2 to 5 times.
- The accidents of 1 to 6, 8, and 9 are all driven by the Defendant’s vehicle that was driven by the vehicle that was driven at the rear and stopped at the rear. The accidents of 11, 13, and 14 are all carried out by the Defendant’s vehicle on the right side, and all of the accidents of 11, 13, and 14 are being carried out by the other party’s vehicle that was driven by the vehicle on the right side, and the same type of accident has been concentrated for a certain period for an excessive time. The accident of 7, 10, 15, and 16 was planned to turn to the left in advance for a certain period of time (a) the same form of the specific accident is shown to have been planned for a certain period of time (a) the other party’s vehicle that was driven by the center line in violation of a signal four months or over the center line, but it appears that the Defendant was indicted immediately after the occurrence of the traffic accident.