[자동차운송사업면허일부취소처분취소][공1990.8.15.(878),1588]
The case holding that a traffic accident which caused the death of two unauthorized crossings does not constitute a "serious traffic accident" under Article 31 (1) 5 of the Automobile Transport Business Act.
At around 19:30 on the day of the instant accident, Nonparty A, a driver of the Plaintiff Company, driven a taxi owned by the Plaintiff and driven the taxi at about 70 through 80 kilometers in speed along the first line among the second straight lines of the straight line. Despite a crosswalk at a place not far away from the accident place, if Nonparty A, a driver of the Plaintiff Company, discovered two persons who walk the said road without permission on the right side from the left side of the vehicle driving in the direction of the accident, and caused them to die by shocking them, the instant accident is justified in the judgment of the court below, which determined that the instant accident did not constitute a serious cause for revocation of license as provided for in Article 31(1)5 of the Automobile Transport Business Act, by comprehensively examining the degree of negligence and damage caused by the drivers and victims, and the degree of damages caused by the accident, and the bereaved families and agreements of the victims after the accident.
Article 31 (1) 5 of the Automobile Transport Business Act
Attorney Park Yong-sung et al., Counsel for the defendant-appellant
[Defendant-Appellee] Attorney Lee Dong-ho, Counsel for defendant-appellee
Seoul High Court Decision 89Gu3481 delivered on February 28, 1990
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
Article 31 (1) 5 of the Motor Vehicle Transport Business Act provides that when a motor vehicle transport business operator causes many casualties due to a serious traffic accident, the Minister of Construction and Transportation may order a suspension of business for a fixed period of not more than six months or revoke a license or registration in whole or in part. Whether a serious traffic accident falls under the category of a serious traffic accident shall be determined by comprehensively considering various circumstances, such as the occurrence circumstances of the traffic accident, the degree of fault of the perpetrator, the degree of negligence of the victim, the damage caused by the damage, and the impact of the accident on the general society. Since the traffic accident is not a traffic accident that may normally occur, it shall be determined to determine whether a transportation business continues to operate the transport business
The court below acknowledged the fact that Non-party 1, a driver of the 1st 2806 taxi owned by the plaintiff company, driven the above taxi at around 19:30 on October 23, 198, and driven the above taxi at a speed of about 70 to 80 kilometers per hour according to the first line among the second 2nd ebb eb eb eb eb eb ch eb eb eb ch eb eb eb eb eb eb eb eb eb eb eb eb eb 80 eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb eb e.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Yong-dong (Presiding Justice)