The case that the accident that caused two persons to die to left the left does not constitute the case where a large number of casualties is caused due to a serious traffic accident as prescribed in Article 31 subparagraph 5 of the Automobile Transport Business Act.

An accident in which a bus driver, who has driven a high speed road, tried to turn to the left from a narrow line on the right side to a wide speed road, and where a bus driver, who has driven in the same stong, dies with two persons aboard the stong, shall not be deemed to be a traffic accident that may normally occur, and where many casualties have been caused due to a serious traffic accident as prescribed in Article 31 subparagraph 5 of the Automobile Transport Business Act.

Article 31 of the Automobile Transport Business Act

Limited Liability Company Hyundai Transport

Jeonnam-do Governor (Attorney Kim Dong-ju, Counsel for defendant-appellant)

Gwangju High Court Decision 85Gu22 delivered on October 24, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below held that the non-party 1 went on the street in high speed as indicated in the judgment of the court below on the airport entrance in which the plaintiff company operated the city bus. There are 60km above the above buses and bus stops at the speed of 20 kilometers above the 20 meters above, without confirming the appearance of obstacles from the branch roads, and the non-party 1 went on the road at the speed of 80km above the speed of the road without confirming whether or not the obstacles appear. The non-party 2 went on the road at the speed of 20 meters above the right to left the road and entered the speed of the transmitting west to the speed of high speed. According to the facts that the non-party 2 went on the road at the speed of the branch, the non-party 2 died with the dong, and the non-party 2 moved on the road at a narrow speed without a license, and it is not justified to determine the facts that the traffic accident occurred and the accident caused the above accident occurred, and it is not justified in the judgment of the court below.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Jeong Jong-tae (Presiding Justice)