The prosecution of this case is dismissed.

1. The Defendant is a person engaging in driving of B-B cargo vehicles.

On July 9, 2014, the Defendant driven the above cargo vehicle around 04:20, and proceeded at approximately 81 km each hour according to the first four-lane in front of Gwanak-gu, Seoul Special Metropolitan City.

At the time of night, the inside of the opening was in the state of the front door, and there was a limit of 60 km speed at that time. In such a case, there was a duty of care to prevent accidents in advance by driving safely, such as thoroughly complying with the speed limit and making it possible for a person engaged in driving service.

그럼에도 피고인은 이를 게을리 한 채 제한속도를 시속 약 21km 초과하여 진행하다가 전방을 제대로 살피지 않은 과실로 마침 위 도로를 피고인 진행방향 좌측에서 우측으로 무단횡단하는 피해자 D을 뒤늦게 발견하고 충돌을 피하기 위하여 급제동하였으나 미치지 못하고 위 화물차의 앞 범퍼로 피해자의 옆구리 부분을 들이받아 피해자를 약 30m 전방으로 튕겨져 나가게 하였다.

Ultimately, the Defendant caused the victim to suffer injury, such as an open-end framework, which requires the treatment of approximately 123 days on the left-hand side, due to such occupational negligence.

2. Determination

A. There are CCTV image reproduction CDs (Evidence Nos. 5) and investigative reports (Evidence Nos. 6) as evidence that conforms to the fact that the Defendant’s operation of a speed exceeding 20 km per hour exceeds the speed of 20 km per hour.

However, the content of the CD is a video recorded in CCTV installed in the neighboring telecom (Seoul Gwanak-gu, Seoul Special Metropolitan City E) at the time of the accident, and it cannot be recognized that the above video was operated in excess of 20km by the Defendant.

On the other hand, the investigation report is based on the video recording of the above CCTV, which can be confirmed by the video recording.