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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 29, 2013, at around 00:15, the Defendant was driving a two-wheeled motor vehicle of 125 cc in front of the East Asian Sea State located in Cheongcheon-gu, Cheongju-si, the U.S., which was not covered by mandatory insurance on the one-lane road in front of the East Asian Sea State, and was straighten from the Internet high school.
Access to the intersection was made.
In such cases, a person who is engaged in driving a motor vehicle has entered the intersection without neglecting his/her duty of care to prevent an accident in advance by checking the front side and the left and right of the motor vehicle, even though he/she has a duty of care to prevent an accident.
In the above negligence, the driver did not find a DNA operating vehicle driven by C, which entered the intersection from the boundary of the Chungcheong student swimming pool in the new bank due to the above occupational negligence, and did not find the front part of the Defendant’s vehicle, and shocked the rear fences to the right side.
As a result, E (Nam, 17 years of age) who was on the back seat of the Defendant’s vehicle fell from the point of accident to approximately 13.8 meters away from the point of accident, and died of brain training at G Hospital located in F in the area of the Gu of Cheongju-si on June 3, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Each police suspect interrogation protocol of C, H, and I;
1. Comprehensive traffic accident analysis report;
1. A death certificate;
1. Application of the Act and subordinate statutes to field photographs, “stong photographs and carcass photographs” (in the absence of direct evidence as to the fact that the vehicle driven by the defendant is not covered by mandatory insurance, it is acceptable to recognize by field photographs and comprehensive analysis of traffic accidents, as it is recognized by the field photographs and comprehensive analysis of traffic accidents, since the defendant is led to confession and operation of a two-wheeled vehicle without a number plate attached)
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning criminal facts;