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 this judgment became final and conclusive.

Punishment of the crime

On December 26, 2014, at around 01:22, the Defendant damaged the repair cost to the extent of KRW 251,000,000, by shocking the left back part of the F car owned by E parked from occupational negligence while driving the D private taxi on the front side of the Defendant’s house located in Dobong-gu Seoul Metropolitan Government.

E reported a traffic accident to the Seoul provincial police station on the same day to the effect that “a person has contacted a parked vehicle while leaving a private taxi vehicle”, and the Seoul provincial police station G Assistant H of the Seoul provincial police station completed internal investigation on the ground that he/she became a partner of the mutual aid association due to a simple physical damage after investigating the defendant.

On December 2, 2015, E, a insurance company, filed a civil lawsuit seeking reimbursement against the Korean Federation of Passenger Passenger Taxi Transport Business Association, which is the insurance company of the defendant.

Around May 23, 2016, the Defendant submitted a written complaint to the public service center police officer of the Seoul provincial police station, the name of which is unknown at the public service center of the Dobong-gu Seoul Metropolitan City, Dobong-gu, Seoul, Seoul, to the effect that “Defendant E, the complainant, did not match the Defendant’s vehicle of the Defendant, but the complainant A, who reported false facts to the investigation agency as if the complainant damaged the vehicle due to the negligence in the course of his/her duties, and applied for punishment.”

However, there was no fact that the defendant was dismissed because the defendant was shocked for the E-car as above.

Accordingly, the defendant was dismissed for the purpose of having E receive criminal disposition.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Statement of the police statement of the defendant;

1. A complaint;

1. On-site photographs, etc.;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 156 of the Criminal Act applicable to the crimes and Article 156 of the Election of Imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are set forth in Article 62(1) of the Criminal Act [the scope of recommending sentence].