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(영문) 대구지방법원포항지원 2020.10.29 2020고단845
도로교통법위반(음주운전)
Text

Defendant

The imprisonment with prison labor for A shall be one year, the imprisonment with prison labor for Defendant B shall be four months, and the imprisonment with prison labor for Defendant C shall be imposed.

Reasons

Punishment of the crime

[Criminal Justice] On September 5, 2016, Defendant A was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court.

Defendant

B On February 8, 2018, the Daegu District Court declared six months of imprisonment for the crime of escape of criminal, and completed the execution of the sentence on August 9, 2018.

【Criminal Facts】

1. On November 21, 2019, Defendant A (Violation of the Road Traffic Act) driven a HOs car in a state of under the influence of alcohol of about 0.067% in a section of about 800 meters from the roads front of the Southern-gu Eda located in the Southern-gu Office of Port to the roads front of the GIs located in the same Gu F, from around 200 meters to the GIs road.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. Defendant B [Violation of the Special Act on the Prevention of Insurance Fraud] On November 21, 2019, the Defendant came to turn to the left on the roads front of the G principal meeting located in the south-gu F at the port of port on November 201, 2019, and the H principal car of the said A driver turn to the left from the i market left the left side, and the said car came to the left part on the right side of the said car and came to go to the road on purpose.

The Defendant received insurance from the Victim K Co., Ltd. as if the above accident was an intentional accident, and received KRW 1,943,490 as medical expenses from the victim, and received KRW 1,800,000 under the pretext of agreement.

Accordingly, the defendant was given 3,743,490 won by deceiving the victim.

3. Defendant C (a person who violates the Special Act on the Prevention of Insurance Fraud) is a person who is between B and B.

On November 21, 2019, the Defendant knew of the fact that B intentionally intends to receive insurance money by intentionally causing a traffic accident, as described in paragraph (2) of the facts charged, on the road located in Southern-gu F at the time of port around November 201, 2019, the Defendant waits for a traffic accident by intentionally moving B to the LM5 car of the Defendant’s driver, moving B to the adjacent site of the crime, and waiting for the time A to drive, and B intentionally waits for the traffic accident.

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