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(영문) 서울북부지방법원 2017.01.24 2016고단4980
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 15, 2016, the Defendant driven a motor vehicle maintenance shop in front of the Seoul Southern-gu Seoul Southern-gu Seoul Metropolitan Government without a motor vehicle driver’s license from October 12:13, 2016 to the tri-dong flooding area from the e-road amusement park.

Since there is a center line of yellow solid lines, a person engaged in driving motor vehicles has a duty of care to drive motor vehicles safely when complying with the vehicle line.

Nevertheless, the Defendant, without a driver's license, was negligent in the course of duties operating a yellow solid line in the opposite direction to the moving direction, and received the Flater part of the victim E (the 49-year-old driver) driver's license in front of the left-hand side of the car by the victim E (the 49-year-old driver's license).

As a result, the Defendant suffered injury, such as finite finites, which requires approximately three weeks of medical treatment, from the victim due to such occupational negligence.

2. The Defendant, as seen in the foregoing paragraph 1, was driving by G, who was under way to take insurance measures, even though the Defendant did not carry out insurance measures due to driving without a license at the same time, and at the same place, received a false accident by calls from the victim Samsung Co., Ltd., and received a false accident. The Defendant, which caused the victim Samsung Co., Ltd. to pay KRW 1,179,930, E human damage compensation KRW 1,762,00, KRW 4,453,320, and KRW 7,395,250, to the victim Samsung Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report, the driver's license ledger (A), and the medical certificate;

1. Receipt of an accident, the statement of the contract sheet, the current status of payment of each insurance proceeds, requests, and the application of statutes governing insurance policy;

1. Article 347(1) of the Criminal Act applicable to the crime; Article 3(1) and proviso of Article 3(2)2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 152 of the Road Traffic Act.

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