Defendant 1 and one other

Maternia

Attorney Lee Jin-jin et al.

Defendant 1 shall be punished by imprisonment without prison labor for eight months.

With respect to Defendant 1, 32 days of detention before the sentence is made shall be included in the above sentence: Provided, That with respect to Defendant 1, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

To order Defendant 1 to provide community service for 40 hours.

Defendant 2 is not guilty.

Defendant 1 (Motor Vehicle Number 3 omitted) is a driver of the Rayon Royon, who is a student of the surrogate University.

On December 12:25, 2004, the above van was driven by the driver as of December 12:25, 2004, and the 70 km from the side to the speed of air transmission in accordance with the two-lanes in front of the Haak-dong, Seo-dong, Seo-gu, Gwangju, Gwangju, was driving at the speed of 70 kilometers per hour from the side of the city, and due to the negligence of the frighting the central line, the part of the (vehicle No. 2 omitted) Poter cargo driven by the victim Nonindicted Party 1 (the fright No. 2 omitted) in the opposite direction, was driven by the front right side of the above frightter, and caused the victim Nonindicted Party 3 (the 28-year-old) to die in the above frightter due to the shock, and caused the death of Nonindicted Party 1 to the hospital, due to damage to the two parts during the transmission.

1. Defendant 1’s legal statement

1. A protocol concerning the examination of suspect against the defendant 1 by the prosecution;

1. The actual condition of traffic accidents;

1. Each photograph;

1. A medical certificate;

1. A written result of autopsy;

1. Article applicable to criminal facts;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment without prison labor;

1. Calculation of days of detention before sentencing: Article 57 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order: Article 62-2 (1) of the Criminal Act;

Defendant 2 is a driver of an automobile to be observerd (vehicle No. 1 omitted)

On December 4, 2004, when driving the said vehicle as a business on December 12:25, 2004, driving the said vehicle at a speed of 70 kilometers per hour from the right edge to the right edge of the second two-lane road in front of the Hoban-dong, Seo-gu, Gwangju Metropolitan City, and neglecting the duty of front-time navigation to the right edge of the vehicle at a speed of 70 kilometers from the right edge of the vehicle at the right edge of the course, and driving in the right edge of the vehicle at the right edge of the victim Nonindicted Party 1 (the age of 48) who conflict with the vehicle near the center line at the opposite direction, caused the death of the said victim due to the damage to the two parts during the course of transmission to the hospital.

In light of the following facts: (a) a motor vehicle accident occurrence report, a traffic accident actual condition investigation report, photographs, and a body autopsy report alone is insufficient to recognize the causal relationship between the defendant's negligence and the death of Nonindicted Party 1, and there is no other evidence to acknowledge it.

Therefore, since the facts charged against Defendant 2 constitute a case where there is no proof of crime, it is sentenced to innocence under the latter part of Article 325 of the Criminal Procedure Act.

Judges Yang Tae-he