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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. At the time of the instant accident, around June 19:16, 2019, at the time of the Plaintiff’s accident, the Defendant’s vehicle entering the front of the instant F F F F F F F F F F F F F F F F F F F F FF, who entered the front of the location of the F FF in Gwanak-gu, Seoul Special Metropolitan City, at the intersection for the new disease control crossing. However, the Plaintiff’s vehicle entered the said intersection from the ero digital group intersection to the erode of the Guro digital group, and left the front part of the Plaintiff’s vehicle to turn the front part of the Plaintiff’s vehicle to the erode (hereinafter “the instant accident”), and left the front part of the Plaintiff’s vehicle to the erode (hereinafter “the instant accident”). There is no dispute over the background of the instant accident on June 20, 2019 (based on recognition), Gap’s evidence Nos. 1 through 11, and evidence No. 1 through 4, and the purport of the entire pleadings.
2. Determination
A. In light of the following circumstances, it is reasonable to view the negligence ratio between the Plaintiff’s driver of the vehicle and the Defendant’s driver of the vehicle as 80%: 20%.
(1) The driver of any motor vehicle who intends to make a left turn at an intersection where traffic is not controlled shall yield the right of way to any other motor vehicle, when any other motor vehicle intends to proceed straight through or make a right-hand.
(4) Article 26(4) of the Road Traffic Act is applicable to the intersection in which the instant accident occurred, and at the time, the Defendant’s vehicle was going straight to the intersection and the left-hand turn of the Plaintiff’s vehicle, and thus, the Defendant’s preferential right to passage through the intersection can be deemed to have occurred to the Defendant’s vehicle. However, it appears that the driver of the Plaintiff’s vehicle did not take measures to yield the way to the Defendant’s vehicle while making a left-hand turn at the said intersection is the main reason of the instant accident.
(2) On the other hand, the driver of any motor vehicle shall slowly drive the motor vehicle at the intersection where traffic is not controlled.