"11 Traffic Accidents in 17 Months"... Emergency Dispatch Driver Receiving 47 Million Won Insurance Confirmed Not Guilty
[Asia Economy Reporter Kim Daehyun] An emergency dispatch driver for an insurance company, who was prosecuted for insurance fraud after receiving tens of millions of won in insurance payouts following 11 traffic accidents over 17 months, has been acquitted by the Supreme Court.
On the 2nd, the Supreme Court's Third Division (Presiding Justice No Taeak) announced that it upheld the lower court's not guilty verdict in the appeal trial of driver A, who was charged with violating the Special Act on the Prevention of Insurance Fraud. The court stated that it is difficult to conclude beyond reasonable doubt that the defendant intentionally caused the traffic accidents.
A was prosecuted on charges of insurance fraud for deliberately causing car accidents and receiving medical treatment 11 times from February 2017 to October of the following year, obtaining approximately 47 million won from insurance companies.
The prosecution judged that he caused the traffic accidents by colliding without avoiding or stopping even after seeing the car ahead attempting to change lanes.
The first trial court said, "It is true that there is suspicion that A intentionally caused the accidents," but acquitted him. Considering that most of the traffic accidents were handled as mutual fault, that some accidents were reported to investigative agencies by himself despite driving without a license, and that there appeared to be a necessity to use a mobile phone while operating the work vehicle at the time of the accidents, the court judged that it is difficult to conclude intentionality.
The second trial court also dismissed the prosecution's appeal, stating, "The fact that the frequency of accidents is somewhat higher than that of general automobile insurance subscribers alone cannot immediately lead to the presumption that A had the intent to defraud (insurance money)." It added, "At the time of each traffic accident, it appears that most of the other vehicle drivers did not claim that A intentionally caused the accidents."
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The Supreme Court also agreed with this judgment. The bench stated, "The lower court did not err in its understanding of the relevant laws, including the intent to defraud."
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