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(영문) 부산지방법원 동부지원 2016.10.27 2016고단1710
사기등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of three thousand five hundred won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Violation of the Road Traffic Act (Unlicensed Driving) by the Defendant, who is engaged in the driving of C Cost Star Corscows, was driving the said bus at around 14:51 on June 9, 2016 without obtaining a driver’s license, and changed the two-lanes from the two-lanes in front of the conventional markets in Busan Metropolitan City, Daegu Metropolitan City, to the one-lane.

In this case, the driver of the motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction, etc. in advance, and to prevent accidents in advance by safely changing the lane in the surrounding traffic situation.

Nevertheless, the Defendant was driven by the victim D (year 62) who was proceeding at the rear side of the running direction of the Defendant’s vehicle due to the negligence of changing the course toward the front part of the passenger vehicle into the front part of the left side of the Defendant’s vehicle.

As a result, the defendant driving a motor vehicle without a driver's license, and suffered approximately two weeks of medical treatment to the victim due to the above occupational negligence.

B. The Defendant who has instigated the criminal attempted to commit the crime under Article 1(1)A.

On the date, at the time, at the place, as mentioned above, there was concern that criminal punishment and insurance will not be applied upon the payment of the traffic accident as mentioned above, the remaining defendant asked B, an employee of the company operated by the defendant, to “I dal the statement that I would have driven a car without the license.” and asked B to “B to make a false statement.”

On June 9, 2016, the Defendant, at around 16:30 on June 16, 2016, was present at the Shipping Police Station in Busan Metropolitan City and the F office for the investigation of the witness, and the Defendant, on the following grounds: (a) was false to the effect that the Defendant, “A city, at around 15:00 on June 9, 2016, driven C Costex vehicles and caused the accident by driving them in the vicinity of the conventional market in Busan Metropolitan City, 2016.”

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