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(영문) 광주지방법원 2018.01.23 2017고단4526
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2017, the Defendant: (a) was investigated by the police officer C who is investigating the traffic accident at issue; (b) was asked by the police officer C to verify his/her identity; (c) the Defendant had completed the driver’s license issued by the Commissioner of the Korean National Police Agency of the Southern Local Police Agency at the same place as his/her identification witness; (d) on the same day, on the same day, the Defendant submitted the D’s statement column at the end of the suspect interrogation protocol at the above place at around 16:05, stating that the Defendant was “D” in the letter of statement in the interrogation protocol at the end of the suspect interrogation protocol at around 16:05; and (d) was sealed and sealed by an unmanned, and submitted it to the said police officer.

2. On June 22, 2017, the Defendant violated the Special Act on the Prevention of Insurance Fraud: (a) called the victim’s sirens Financial Cooperative from the victim’s country at an influence place; (b) reported the said traffic accident to an employee in the name of the said union as an insured event; and (c) the victim union had the victim’s union pay insurance money equivalent to KRW 1.5 million to E, who is the other party to the traffic accident.

Accordingly, the defendant acquired insurance money from a third party by insurance fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A statement of calculation of agreed amount;

1. Application of Acts and subordinate statutes on the self-examination protocol;

1. Article 230 of the Criminal Act applicable to the facts constituting an offense (the use of unlawful official document, the choice of imprisonment), Article 239 (1) of the Criminal Act (the use of such document), Article 239 (2) and Article 239 (1) of the Criminal Act (the use of the signature of the above investigation), Article 8 of the Special Act on the Prevention of Insurance Fraud (the use of fraudulent act and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Order shall be the driving of alcohol and the measures not to be taken after accidents.

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