[자동차운송사업면허취소처분취소][공1990.8.1.(877),1476]
The case holding that although a taxi driver and a passenger died due to a collision between a bus and a taxi in the intersection, it does not constitute a serious traffic accident under Article 31 (1) 5 of the Automobile Transport Business Act in light of the negligence and death of a taxi driver.
If an accident occurred in which one taxi passenger and three taxi passengers die and are injured by two taxi drivers while the non-party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party to the intersection from the road connected to the intersection and the front part of the above taxi Party Party Party Party Party Party Party Party Party Party Party Party to the intersection, it is difficult to view that the instant traffic accident constitutes a serious traffic accident provided for in Article 31 (1) Item 5 of the Automobile Transport Business Act, considering that one of the two persons Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party Party.
Article 31 (1) 5 of the Automobile Transport Business Act
Attorney Nam Jae-woo et al., Counsel for the defendant-appellant
Seoul Special Metropolitan City Mayor
Seoul High Court Decision 89Gu901 delivered on September 26, 1989
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
The court below acknowledged that the traffic accident in this case where the non-party 1, who is the plaintiff company's member of the plaintiff company, passed through the intersection of this case where the non-party 1, who is the plaintiff company's driver, passed through the intersection of this case, within Gyeonggi City, and the above taxi entered the above intersection from the road connected to the above intersection, and the front section of the bus in this case where the above taxi had entered the above intersection, and the above bus became large, and the above bus occurred due to the collision between the entrance and the front section of the above taxi, and the above bus became large, and the above bus became dead, and the above car accident in this case was caused by the death of one passenger of the above taxi and the above three driver of the above bus before and after the accident in this case. In light of the operation status of the above two two vehicles before and after the accident in this case, the traffic accident in this case is no more serious than the negligence of the above bus driver, and it is not justified in the misapprehension of the rules of evidence or the legal principles on the traffic accident in this case.
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 on the bench.
Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won