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(영문) 대전지방법원 2019.06.13 2018고단2303
특수재물손괴등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is the driver of a rash vehicle that causes special damage.

On December 25, 2017, the Defendant driven the above vehicle at around 23:30 on December 25, 2017, leading the way ahead of the distance from sunrise to sunrise to the Han River field from the right side of the Modern.

The Defendant found the victim C (ma, 35 years of age)’s seeral vehicle at a remote area below the YY-dong of the U.S. M.S., followed by a rapid change of the lane, drive away about 4 km, and continued to telephone, but did not receive it. However, the Defendant intentionally received the damaged vehicle at a speed that reduces the speed from the sunrise distance, which is the place where the accident occurred, and bypassing it.

The above accident caused damage to the 19,129,143 won of the repair dogs for damaged vehicles.

2. On December 26, 2017, the Defendant of the Special Act on Insurance Fraud Prevention: (a) knew that an intentional accident was not an insurance process; (b) received an accident report by negligence from the victim E Insurance Co., Ltd. (hereinafter “victim Co., Ltd.”) on the part of the Defendant; and (c) requested the Defendant to pay insurance proceeds equivalent to KRW 27,039,857, including KRW 19,129,143, 143, 536, 714, 536, 536, 714, 27, and 27,000,000, 27,07,039,857, such as 30,000, the Victim Co., Ltd. rejected the request for investigation.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement related to C, F, and G;

1. Written estimates, black boxes, and video CDs;

1. Responses to traffic accident analysis;

1. Application of Acts and subordinate statutes to investigation reports ( Results of appraisal by the Road Traffic Authority);

1. Relevant legal provisions concerning facts constituting an offense, Articles 369(1) and 366 of the Criminal Act, Articles 10 and 8 of the Special Act on Insurance Fraud Prevention, and selection 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. The order of provisional payment;

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