[차량면허취소처분취소][공1985.7.15.(756),952]
Whether it constitutes a reason for revocation of a license under Article 31 subparagraph 5 of the Automobile Transport Business Act to cause a lot of casualties while making excessive casualties beyond the speed limit at night (affirmative)
In a case where the negligence of some victims who tried to cross without permission on the right side from the left side of the bus running in excess of the speed limit at night is discovered at 10 meters, and the victim was plucked on the left side of the bus driving, and the hand was rapidly plucked and operated on the left side, and continued to enter more than 46.2 meters in the opposite line and 46.2 meters in the opposite line, and caused the death of four persons, three persons in the middle, three persons in the light, and one person in the light by the second line of the opposite line, even if the negligence of some victims were to cross the road without permission on the ground where the road is installed, it constitutes a case where the negligence of some victims led to a lot of casualties due to a serious traffic accident as stipulated in Article 31 subparagraph 5 of the Automobile Transport Business Act.
Article 31 subparagraph 5 of the Automobile Transport Business Act
Supreme Court Decision 84Nu300 Delivered on October 23, 1984
Dong Western Transport Co., Ltd., Counsel for the defendant-appellee
[Defendant-Appellee] Plaintiff 1 and 3 others
Seoul High Court Decision 84Gu701 delivered on February 4, 1985
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The grounds of appeal by the Plaintiff’s attorney are examined.
According to the reasoning of the judgment below, the court below found the non-party 1's non-party 1's non-party 1's operation of the above 3-party 1's city bus which is the plaintiff company and found the non-party 1's non-party 1's non-party 3's non-party 1's non-party 1's non-party 1's non-party 1's second-party 182's 14's second-party 1's second-party 1's 60''''''''''''''' high speed and 10''''''''''''''''''''s high speed and 10'''''''''''''''s high speed and 10'''''''''''''s high speed and 10'''''''''s high speed in the above 1'6-party 2's high speed.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-ju (Presiding Justice)