On January 5, 2020, around 20:00, at the street near the shooting distance of the Nam-gu Incheon Metropolitan City Street Hospital, DObae Doo-si is E-si.

Basic Facts

A. On January 5, 2020, F, a driver of private taxi (hereinafter “Plaintiff taxi”), was driving four lanes on the four-lane road near the shooting distance of the Namdong-gu Incheon Metropolitan City Hospital, and Defendant Oba, who was making a stop in order to get customers on board, caused an accident where Defendant Oba, a driver of the private taxi (hereinafter “Plaintiff taxi”), was driving on the fourth-lane road in the vicinity of the shooting distance.

B. The Defendant sustained the right-hand culverization Award by the instant accident.

【Ground for Recognition: Unsatisfy Facts, entries in Gap evidence 1 through 4, images, and the purport of whole pleadings】

2. A person who operates an automobile for himself/herself as to whether a liability for damages has arisen shall, in principle, be liable for damages in cases where he/she has injured another person by his/her operation, and the liability for damages shall be exempted if he/she has not been negligent by the victim and has been negligent by the victim

(No. 1 of the proviso of Article 3 of the Automobile Accident Compensation Guarantee Act. According to the Plaintiff’s video (Evidence A No. 4), the Plaintiff’s taxi was stopped for two to three seconds.

Plaintiff

Although it is not confirmed that the taxi will stop because of emergency lights, etc., it does not seem that the after-hand vehicle operated a suddenly as much as it could not be predicted in light of the speed that the left street lights, signs, and street trees appeared in the video.

Plaintiff

Until the taxi stops due to speed of the taxi, the taxi stops without reducing the speed of Defendant Obane at all.

In order to avoid the collision with the plaintiff taxi immediately before the collision, it seems that the defendant did not discover that the plaintiff taxi is under the speed of the plaintiff taxi because the defendant neglected to take the front direction.

On the other hand, the plaintiff taxi stops in order to board customers, so the structural defect or functional impairment of the vehicle stops.