On February 1, 2014, the Defendant driven the above vehicle around 18:11, and proceeded at a speed of about 5.76 km from the entrance of the apartment in front of the off-gu Da apartment apartment Ma-dong, in order to move back to the front side of the entrance.

Since the apartment entrance and the house are cross-sections, and at the time, it was difficult to get off and off, the suspect engaged in driving service has a duty of care to temporarily stop in the vicinity of the entrance prior to entering the said road and to check whether there is a vehicle or pedestrian operating in the direction of the road, and to enter the road.

Nevertheless, the defendant neglected this and found out the bicycle driven by the victim E (year 74) who was driving on the left side from the right side of the above road due to the negligence of entering the road as it is, and then he was immediately driven by the victim, thereby allowing the victim who was trying to avoid the above defendant's vehicle to the right side of the road along with the bicycle.

Ultimately, around February 9, 2014, at around 03:30 on February 9, 2014, the Defendant caused the death of the said victim from an associate hospital affiliated with the 170 Macheon-si University to the 170 Macheon-si, Seocheon-si.

2. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.). B.

However, the evidence duly adopted and examined by this Court.