A photo captured from the black box video of the lane change accident on the Gyeongbu Expressway released by the police in April.
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(Busan = Yonhap News) Reporter Kim Seon-ho = The defendant in the insurance fraud case, for which the Busan Police Agency even briefed him in April, was recently acquitted in court.
The Busan Police Agency viewed the case as a major issue that required enough effort to publicly announce the results of the investigation, but the court did not acknowledge most of the charges.
The Busan Police Agency held a briefing on April 29 and announced that Mr. A, in his 50s, was arrested and sent on charges of insurance fraud and false accusation.
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In November 2019, Mr. A was accused of collecting a total of 45 million won in insurance money on three occasions by intentionally striking a car in front that was changing its course by refusing to give way to the lane on the Gyeongbu Expressway and then suing the other driver for retaliatory driving. .
In April 2022, Mr. A was also accused of collecting insurance money by falsely claiming that his foot was crushed by the wheel of the other vehicle when he blocked an oncoming vehicle on a road in Haeundae-gu, Busan and a fight broke out.
He is also accused of driving a tanker for 8,000 km without a license on 32 occasions while his license was suspended due to retaliatory driving.
The police analyzed call history, black box video, and medical records and forwarded the case to Mr. A on charges of retaliatory driving and insurance fraud, and the prosecution filed charges.
However, the Busan District Court recently found him guilty only of driving a tank lorry without a license and sentenced him to a fine of 3 million won, but found him not guilty on all other major charges.
Regarding the accident that occurred on the Gyeongbu Expressway in November 2019, the court stated that it was difficult to say that the accident was caused by negligence on both sides due to a lane change dispute, and that the accident was caused by intentionally hitting the vehicle in front.
Evidence submitted by the prosecutor in the case of insurance fraud in April 2022, including that in the black box video at the time of the accident, Mr. A sat down and stood up with a pained expression as the vehicle moved slightly, and that he received treatment for a foot fracture at several hospitals for about 8 months from the day of the accident. He said that this alone is not enough to admit that he deceived the insurance company into thinking that the injury was intentional.
The court found Mr. A not guilty on all five counts of insurance fraud, false accusation, special injury, and special property damage, including these two cases.
In response to this, an official from the Busan Police Agency said on the 18th, “There was no problem at all with the case briefing, and not everyone who is indicted is found guilty. There are cases where the person is found not guilty depending on the situation, but I think the result of the second trial will be different.”
The prosecution is appealing against the first trial ruling.
Report via KakaoTalk okjebo
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2024/11/18 11:12 Sent
Guest 1: Dr. Kim, a legal expert in the field of criminal justice, how do you interpret the acquittal of the defendant in this case, and what legal implications does it have for similar cases in the future?
Dr. Kim: The acquittal of the defendant in this case highlights the importance of thorough and conclusive evidence gathering in insurance fraud cases. As the court pointed out, the burden of proof lies with the prosecution to prove beyond reasonable doubt that the defendant deliberately caused the accident and deceived the insurance company. In this case, the court found that the evidence presented was insufficient to support the charges of insurance fraud and false accusation. This implies that in future cases, the prosecution must gather stronger evidence, including forensic data, witness statements, and medical records to build a solid case against defendants accused of insurance fraud.
Guest 2: Dr. Kang, a transportation safety expert, what are your thoughts on the potential impact of this case on drivers’ behaviors on the road?
Dr. Kang: This case highlights the dangers of road rage and its potential consequences. While it is unfortunate that the defendant was acquitted of insurance fraud charges, it is important for drivers to remember that their actions, particularly when behind the wheel, have serious implications. It is essential for drivers to maintain composure and avoid retaliatory driving or engaging in any behavior that could escalate conflicts on the road. Additionally, drivers must ensure they have valid licenses and adhere to traffic rules to avoid legal implications.
Guest 1: Adding to that, Dr. Kang, what measures could the authorities take to prevent similar incidents from occurring in the future?
Dr. Kang: The authorities could consider implementing additional measures such as increased surveillance and patrolling, stricter penalties for traffic violations, and public awareness campaigns aimed at promoting safe driving practices and resolving conflicts on the road peacefully. Furthermore, advanced driver assistance systems (ADAS) could play a crucial role in reducing the likelihood of such incidents by providing early warnings and automating certain driving tasks. It is also important for authorities to work with insurance companies to develop fraud detection mechanisms and enhance cooperation when investigating such cases
