Whether it is necessary to take measures under Article 61 of the Road Traffic Act even in the case of parking on the side of an expressway (affirmative)

Measures under Article 61 of the Road Traffic Act shall be taken not only in cases where a motor vehicle is parked on an expressway or an exclusive road for motor vehicles because it is impossible to drive the motor vehicle due to breakdown or other reasons, but also in cases where a motor vehicle is parked on the side.

Article 61 of the Road Traffic Act, Article 750 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Plaintiff 1 and three others

Defendant (Law Firm Han-U.S. Law Office, Attorneys Yu-hee et al., Counsel for the defendant-appellant)

Seoul District Court Decision 94Na49082 delivered on November 3, 1995

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

On the first ground for appeal

Measures under Article 61 of the Road Traffic Act shall be taken not only in the case of parking on an expressway or an exclusive road due to breakdown or other reasons, but also in the case of parking on the side of the expressway or an exclusive road. The judgment of the court below to the same effect is just, and there is no violation of law such as theory of lawsuit.

On the second ground for appeal

According to the reasoning of the judgment below, the court below rejected the defendant's defense that there was no negligence on the part of the above non-party 1 by viewing that the non-party 1 parked the cargo vehicle as indicated in the judgment of the court below at the time of the accident without using lights such as tail lights, sidelights lights, and emergency lights at all on the side at the time of the accident, and thereby making it difficult to distinguish it. Accordingly, the court below rejected the defendant's defense that the non-party 1 did not have any negligence on the part of the above non-party 1 by recognizing that the non-party 2 was found late after the above cargo vehicle was discovered. In comparison with the relevant evidence

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

Justices Lee Yong-hun (Presiding Justice)