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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. There is a fact that the Defendant, on the date and time stated in each criminal facts in the judgment of the court below, was damaged by Obama due to the fact that C was caused by Obama and the car for F driver's use, and caused the injury to Obama.
Nevertheless, the lower court found that there was no such traffic accident and determined that the Defendant acquired insurance money from the insurance company.
B. The sentence of an unreasonable sentencing (one million won of a fine) of the lower court is too heavy.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant's assertion is rejected, since the defendant was unable to take account of the fact that he was not injured by Orababa C at the time and place stated in each criminal facts in the judgment of the court below, and since he was driving by F, it can be recognized that there was no injury caused by Orabababa and no injury caused by Orabab
① At the investigative agency and the court of the court below, E stated that there was a difference between the Defendant and the Defendant’s vehicle at the time of the occurrence of the accident at the time of the occurrence of the accident at the time of the accident, the accident was faced with the Hand at the Otoba, the degree of the accident was fast, and the contact with the Defendant was taken after exchanging the contact information with the Defendant.
(Evidence Records No. 471-474, 53-55 of the trial records). (2) The Defendant stated that he was faced with E and C while driving Otoba at the time and place stated in the facts constituting an offense in the judgment of the court below, and C also stated that he was faced with Oba that the Defendant was driving.
However, C stated that it was not memoryd as to whether there was a person who was faced with the same at the time (Evidence records 392 pages, trial records 81 pages), and claimed medical treatment amounting to 759,070 won, and the Defendant together.