The defendant shall be innocent.

1. The Defendant is the driver of Bump trucks.

The driver of any motor vehicle shall take measures necessary to have loaded freight covered and fastened in order to prevent it from falling off while driving his/her motor vehicle.

Nevertheless, around 17:46 on July 27, 2018, the Defendant failed to take necessary measures, such as loading aggregate to the dump truck at the downstream line of the central highway located in the Gyeongbuk-gun, Gyeongbuk-gun, and fixing the cover clearly, thereby allowing the Defendant to remove sand and water from the road.

2. According to Article 39(4) of the Road Traffic Act, the driver of any motor vehicle shall take necessary measures to have the loaded freight covered and fastened so as not to fall off while driving the motor vehicle.

In light of the records, the defendant's cargo loaded on the dump truck is " sand", but the controlling police officer did not regulate the defendant on the ground that the cargo loaded on the driver's dump truck falls from the dump truck, such as sand scattering, but found that the defendant's vehicle is in operation without water flow from the defendant's vehicle, the defendant's vehicle should not be covered, and the vehicle should be operated without the defendant's inner cover, and the vehicle should be operated with the removal of stone or soil attached to the body of the vehicle, such as the loading box or the quith, even though sand was operated with a dump attached to the dump truck, the defendant controlled the defendant on the ground that the vehicle was operated

In this case, it is clear that the “water” is not the original cargo, and sand attached to the outside of the loading box is not the “cargo loaded on a dump truck” as an issue under Article 39(4) of the Road Traffic Act.

In the end, soil loaded on Defendant dump truck contains water powder, but it seems that this water is water and dump truck's crep truck's crep truck's crepit and flow together with soil.