Whether a bus driver's accident, which caused a collision with a train or an injury to an instructor at a railroad crossing, caused a large number of casualties due to a serious traffic accident as provided in subparagraph 5 of Article 31 of the Motor Vehicle Transport Business Act.

An accident that causes collision with a train or an injury to a bus guide by negligence, which does not look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right shall

Article 31 of the Automobile Transport Business Act

Samyang urban bus limited partnership company

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

Gwangju High Court Decision 85Gu23 delivered on October 24, 1985

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

For that reason, the judgment of the court below determined that the traffic accident in this case occurred on January 17, 1984 when the non-party who was the driver of the city bus belonging to the plaintiff company operated the bus around 23:04 and moved to the railroad crossing located in the Seo-gu, Seo-gu, Gwangju-gu, Gwangju-si, but did not examine the left and the right of the bus again, and caused the injury to the bus leader on the bus due to the collision with the Gwangju-si cargo train, and the accident occurred on the bus again, and the driver was caused on the alley of 4 weeks in front, and the driver was confirmed to have suffered on the alley of 8 weeks in front, and according to the facts, the above traffic accident cannot be deemed to fall under the case where many casualties were caused due to the serious traffic accident as provided in Article 31 subparagraph 5 of the Automobile Transport Business Act in light of the degree and the result of the driver's negligence. It is justified in its judgment, and there is no error in the misapprehension of legal principles as to the judgment.

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.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju