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A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in this case, the charge of violating the Guarantee of Automobile Accident Compensation Act is acquitted.
Reasons
Punishment of the crime
[Attachment 2012 Highest 3481]
1. The Defendant in violation of the Road Traffic Act is a person engaged in driving C spoves, spoves, and caps.
On April 12, 2012, the Defendant driven the above cargo vehicle at a speed of 08:10, and driven the front road of the Seogyoung Vocational School Practice Center located in Gwangju Northern-gu, Gwangju, along the two-lanes from the right edge of the road to the erode of the erode.g. 4-lane from the right edge.
At that time, the defendant was followed by the victim D(n, 30 years of age) driving Eratoon car in the same direction, and thus, the defendant had a duty of care to secure and proceed with the safety distance to avoid the collision when the above car stops at the front side.
Nevertheless, the Defendant neglected to perform his duty at the time of the Jeonju and caused the damage to the Defendant’s vehicle in total amounting to KRW 2,355,000 by taking the part of the vehicle behind the Defendant’s cargo vehicle as part of the driver’s vehicle, thereby making it difficult for the Defendant to take a sudden action.
2. As described in paragraph 1, the Defendant, while driving a freight vehicle as described in paragraph 1, destroyed and damaged a D driving E car by occupational negligence, had the Defendant committed a "other special agreement" with the Defendant’s shape F, which was a member of the Hyundai Marine and Fire Insurance Co., Ltd., and had the F receive insurance money by accepting the insurance accident falsely as if the F had caused the said accident.
On April 13, 2012, the Defendant: (a) by deceiving the Plaintiff, the director of the Hyundai Marine Fire Insurance Gwangju Vehicle Compensation Service Center, who knows the above fact in the Pungdong-dong, to prepare and submit a false statement of question with the false content that F is the driver of the said accident while accepting a traffic accident as if he was F; and (b) by forcing the Victim Hyundai Marine Fire Insurance Co., Ltd., Ltd., to pay KRW 2,35,000 as repair cost, as the repair cost.