The defendant shall be innocent.

1. The Defendant is a person who is engaged in driving freight B 25 tons or more.

On December 4, 2018, the Defendant driven the above cargo vehicle at around 03:18, and entered the border road at a point 149.6 km from the right side of the speed road to four-lanes, located in the Dolcheon-gun, Gyeongcheon-do, Gyeongbuk-do.

At the time, a motor vehicle is a night and a place where the motor vehicle runs slowly. As such, the driver of the motor vehicle entering from the side to the four-lane has a duty of care to safely drive the motor vehicle and prevent the accident in advance by checking the front and rear left well and checking whether there is another motor vehicle behind the four-lane.

Nevertheless, the Defendant neglected this and failed to clarify whether or not there are other vehicles in the latter side of the four lanes, and negligently driven a motor vehicle at the fourth-lane of the victim C(37 years old) driver's 4-lane in the right side of the victim C18 tons of cargo vehicles (hereinafter "victim's vehicle") driving (hereinafter "victim's vehicle") and caused the above damaged cargo vehicle to conflict with the central separation zone after driving the motor vehicle.

Accordingly, at around 02:39 on December 5, 2018, the Defendant caused the death of the victim due to the above occupational negligence from the F Hospital located in Daegu Dong-gu E to the brain death.

2. Determination

A. According to the evidence duly adopted and examined by this court, the following facts are recognized.

1) Cargo B operated by the Defendant (hereinafter “EXE”)

The vehicle is the Track-Tracker structure, and the left-hand side was shocked by the damaged vehicle at the time of the accident in this case.

Due to the accident in this case, the scrap of X-Mer's loading of X-Mer was cut off from the body of the vehicle, the flick, flick damage was confirmed from the back side of the left side of the loading, and the left-hand side was separated from the wheelchairs, and the left-hand side was displayed in the form of a private car.

The damaged vehicle is a way to the side after the collision with X-ray.