손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 18, 2014, while driving a bicycle on the sidewalk B in Yangsan City (hereinafter “the instant report”) around 08:57, the Plaintiff suffered injury to “the instant accident” (hereinafter referred to as “the instant accident”) due to the marbs, bombs, bombs, and other details of unknown bombs, and the impairment of detailed bombs of unknown bombs.”
B. The width of the instant report is 3.6 meters, and the telegraph of the instant telegraph is 0.5 meters away from the boundary line of the private land of the instant report, and 2.73 meters away from the boundary line of the road.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings
2. According to Articles 16(3) and (4), and 38(1) of the Rules on the Structure and Facilities of the Plaintiff’s alleged road, the effective width of the sidewalk shall be at least two meters, and the continuity and consistency of the sidewalk shall be maintained depending on pedestrian traffic routes.
In addition, if a telegraph is protruding inside the sidewalk, a shock absorption facility should be installed to inform the location of the utility pole of this case from the remote distance in order to prevent accidents, or a shock absorption facility should be installed to reduce damage in the event of collision.
Furthermore, Article 5 of the Rules on the Structure and Facilities of Bicycle Use Facilities provides that the width of bicycle lanes shall not be less than 1.5 meters, even though the place where the instant telegraph owner was installed is not a bicycle lane, measures should be taken to prevent danger, such as installing dangerous signboards or lighting, on a sidewalk in danger of bicycle traffic due to protruding facilities.
However, the distance from the boundary line of the instant report and private land to the inner part of the instant telegraphic poles is 0.55m or the same boundary line.