The case denying the driver's fault of the motor vehicle driver who conflicts with the Ototoba which has come beyond the central line on the opposite lane.

In a case where an accident occurred due to the malfunction of the victim's driver's vehicle, which was driven by the opposite line while driving the string line with the yellow central line while driving a string truck, the defendant cannot expect the defendant to take any measure by predicting that the above string line goes beyond the upper central line, and thus, he cannot be held liable for negligence in the course of his duties.

Article 3(1) of the Act on Special Cases concerning Traffic Accident Settlement

Defendant

Prosecutor

Jeonju District Court Decision 88No517 delivered on October 25, 1989

The appeal is dismissed.

We examine the grounds of appeal.

As determined by the court below, in case where the accident of this case occurred due to the failure of the victim's driver's automobile, which was the opposite line while driving a wheel truck with the yellow central line, to avoid the wind coming beyond about 15 meters before the center line, the defendant cannot expect the defendant to take any measure by predicting that the above Yabab goes beyond the center line, and thus, the court below's decision that the defendant cannot be held liable for occupational negligence of this case is just and acceptable, and there is no error of law by misunderstanding the legal principles or by misunderstanding the rules of evidence as pointed out.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Ansan-man (Presiding Justice)