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(영문) 대전지방법원 논산지원 2018.08.28 2017고단745
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 18, 2017, the Defendant, in violation of the Special Act on the Prevention of Insurance Fraud, attempted to receive insurance proceeds from the Hyundai Marine Insurance Co., Ltd. of the victim, with the knowledge that the Defendant would not receive insurance proceeds due to the occurrence of a traffic accident after receiving the E-Poter truck of driving D (request for a summary order on the same day) while driving a C-crat automobile without a driver’s license, as described in paragraph (2), while driving the C-crat automobile without obtaining a driver’s license as described in paragraph (2).

Accordingly, F proposed that F was defective as if he had caused a traffic accident while driving a C-cr-car on the same day, and that G agreed, the Defendant received false insurance through a private person G with the insurance design of the victim company, claiming insurance proceeds of KRW 4,000,000,000, including damages and immunity from his own vehicle, but did not receive any payment from the investigation agency.

Accordingly, the defendant, in collusion with F and G, tried to acquire insurance proceeds by insurance fraud, but did not bring about such intent, but did not commit an attempted act.

2. The Defendant is a person who is engaged in the operation of C-cratty cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Violation of Road Traffic Act (unlicensed Driving).

On February 18, 2017, the Defendant driven the said car without obtaining a driver's license from around 11:10 on the side of the lower reservoir, and driven the front side of the H at the time of Y, from the right side of the lower reservoir, to the village hall at the end of the lower reservoir.

A person engaged in driving service has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to drive the vehicle according to the structure and performance of the vehicle.

Nevertheless, the defendant neglected to do so and proceeds in the opposite direction, and the defendant's vehicle's vehicle is reported to be stopped and stopped.

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