Whether a dump truck driver can be deemed to be negligent for the driver in the event that an accident occurs without confirming the difference between the body of the truck and the loading box at the waste storage space.

Even if it is possible to post a dump truck in glass between the driver's seat and the loading box, there was no other waste at the waste storage, which is the place where the accident occurred, and if the site of the accident was 95 centimeters high and the site of the accident, regardless of the above vehicle, it would be difficult for the victim to expect that the accident would occur because the vehicle was dump between the vehicle and the loading box, and the driver was negligent in neglecting his duty of care.

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

Defendant

Prosecutor

Seoul Criminal Court Decision 84No1924 delivered on June 4, 1984

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The court below acknowledged the facts identical to the original time based on the evidence that the first instance court's judgment accepted by it, and judged that the accident of this case was caused by the defendant's negligence on the part of the defendant, and there is no proof of a crime. Thus, the court below did not err in violation of the rules of evidence, such as the theory of lawsuit, even if the court below takes such measures by comparing the process of the evidence with the records, and there is no error of law in violation of the rules of evidence, such as the theory of lawsuit. According to the records, the fact that the next week can be viewed as favorable between the driver's seat and the loaded seat of the vehicle in the judgment, such as peep or the court below's approval, and the fact that the next week is allowed to be loaded in the accident site, such as the vehicle's body at a height of 95 cent meters above the ground and the need for access of the above vehicle, regardless of the above vehicle's intention, it is difficult to expect the accident as stated in its reasoning, and there is no other circumstance.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-tae (Presiding Justice)