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(영문) 부산고등법원(창원) 2015.11.05 2014나22898
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the above revoked part shall be revoked.

Reasons

1. Basic facts

A. 1) The occurrence of a traffic accident E (hereinafter “the network”).

) Around 15:40 on June 16, 2013, Fzz GSX-R1000 Orala (hereinafter referred to as “the instant Orala”).

2) The deceased was driving on the Cheongju-Jak-Jak around the top of the Cheongju-Jan National Highway in accordance with the national highway No. 25, the Cheongju-Jan National Highway in the Cheongju-si. (2) While the deceased was driving on the Cheongju-do road from the Cheongju-si bank to the Cheongju-si bank, the direction of the operation was immediately changed, and the deceased was driving on the Cheongju-do road along the Cheongju-si bank, the direction of the operation was turned on from the Cheongju-si bank, the direction of the operation was changed to the Cheongju-si bank, and was cut to the part of the protective fence installed on the right side of the progress. During the preceding and preceding process, the deceased was killed from the Cheongju-do bank at approximately 4.3 meters away from the upper part of the protective fence to the right side of the progress (hereinafter “the accident”). The deceased died from the same day due to blood transfusion.

B. The structure, etc. of the instant road at the point where the instant accident occurred (based on the direction of the direction of the Defendant’s road) 1) the road at the point where the instant accident occurred is the form of bend to the port of about 40 m/ 45 m in the radius of the valley, and the point where the accident occurred is almost the end of the valley. 2) The road at the point where the instant accident occurred was the straight line of two lanes, and the width of one lane is narrow from the front of the site where the accident occurred at the point where the accident occurred, and the road at the point where the accident occurred was installed at the point where the accident occurred at approximately 70m prior to the point where the accident occurred, and the two lanes after the accident points are completely extinguished, and the gradient of about 4.0% to 5.0% to the point where the accident occurred, and to the port of approximately 7.0% to the port of 8.0% to the point of the accident.

3. The straight line section before reaching the point of the instant accident does not have a protective fence in the straight line section, and there is a cut surface in the outside of the part commencing a bend to the left side, and from the point where approximately 5m to 6m from the end of the cut surface of the cut surface.

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