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(영문) 서울중앙지방법원 2019.08.27 2019고단3609
보험사기방지특별법위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of a three-dimensional passenger vehicle.

1. Defendant A

A. On February 1, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.054% at around 02:57, the Defendant driving the said car at approximately 11 km from the roads near E Burial located in Gangseo-gu Seoul Metropolitan Government D to the front road of Yeongdeungpo-gu Seoul Metropolitan Government.

B. The Defendant who has instigated the criminal attempted to commit the crime under Article 1(1)A.

At the time and place of subsection (a) as above, while driving a car while under the influence of alcohol, caused an accident caused by the shock prevention facilities installed in the bus exclusive lane, and the accident scene is anticipated to be discovered due to drunk driving. On the 112 report, B asked B to the effect that “I am off the phone to his subordinate staff who was called from H to the scene of the accident, who was called from the police station of the Dongjak-gu Seoul Metropolitan Police Station after receiving the 112 report, and asked B to the effect that “I am off the vehicle to the place where I am off the vehicle because I am off the vehicle because I am off the vehicle and am off the vehicle. I am for him to make a statement as if I driven the vehicle.”

Therefore, the Defendant, at around 03:26 of the same day, instructed the above B to state that “In-house, while driving a vehicle with C-W, caused an accident” to the above B, and at around 04:00 of the same day, the Defendant appeared in the Seoul Dongjak Police Station Traffic Survey Team located in Dongjak-gu Seoul Metropolitan Government and prepared a false statement that he had driven the said vehicle with C-W.

As a result, the defendant instigated the above B to escape a person who committed a crime corresponding to a fine or heavier punishment.

2. On February 1, 2019, Defendant B: (a) was asked about who was driving a motor vehicle with the highest price on the front of the above F at around 03:26, without driving a motor vehicle on the front of the above F; and (b) the Defendant was asked about who was driving a motor vehicle with the highest price from the H; and (c) according to the above A’

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