2. Determination

A. The summary of the facts charged in the instant case is the Defendant who is engaged in driving of D class III cargo vehicles.

On August 4, 2015, the Defendant driven the above cargo vehicle around 23:00, and led to a two-lane road in front of the three-lane distance from the village in the Southern-si, Namyang-si, Gyeonggi-do, to proceed along the two-lane from the Chuncheon to Seoul.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating steering steering devices, brakes, etc. and safely driving them.

Nevertheless, the defendant neglected this and found the victim E (the 59-year old) who was moving on the right side from the left side of the course of the defendant's course by negligence, and was dint to avoid this, but did not avoid it, and got the victim into the front side of the cargo vehicle of the defendant.

Ultimately, at around August 4, 2015, the Defendant caused the death of the victim due to serious brain damage at the above place on the part of the Defendant’s occupational negligence.

B. The lower court determined that: (a) it was difficult for the victim at the time of the accident to anticipate the victim’s own occurrence; (b) and (c) it was possible to stop without conflict with the victim, if the Defendant immediately discovered the victim.

In light of the fact that there is no circumstance to deem that an accident occurred because the Defendant was driving without accurately operating the steering gear, brakes, and other devices of the automobile even though it was possible to avoid or avoid it to another place, etc., the Defendant neglected to exercise his duty of care as a driver of the automobile, thereby causing the accident in this case.