Whether a traffic accident which is attributable to a driver can be included in the driver's experience under Article 15 of the Enforcement Rule of the Motor Vehicle Transport Business Act in the case of a non-prosecution disposition under the Act on Special Cases concerning the Settlement of Traffic Accidents (negative)

The term "accidentless driving experience" under Article 15 (1) 1 of the Enforcement Rule of the Motor Vehicle Transport Business Act, which provides special cases concerning the license for the motor vehicle transport business, refers to the driving experience that there is no accident due to the reason for the driver's responsibility, regardless of the existence of punishment, and the accident attributable to the driver is attributable to the driver and the victim is not subject to the disposition of non-prosecution pursuant to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents due to the agreement with the victim, etc., as well as the case where the motor vehicle which caused the traffic accident is subject to the disposition of non-prosecution due to the fact that it has subscribed to the insurance or mutual aid under Article 4 of the Act

Article 6 of the Automobile Transport Business Act and Article 15 of the Enforcement Rule of the same Act

Supreme Court Decision 83Nu343 delivered on October 11, 1983 (Gong1983,1669) 88Nu12257 delivered on March 28, 1989 (Gong1989,703) 90Nu1236 delivered on September 14, 1990 (Gong190,2107)

Plaintiff

Simsan City

Daegu High Court Decision 90Gu937 delivered on July 24, 1991

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to Article 15 (1) 1 of the Enforcement Rule of the Automobile Transport Business Act, with respect to a person who has been in the past five years from the date of application for a license and has been in the past five years or more counting from the date of the last operator, and has been in the past five years or more from the date of the last operator, a license for a taxi transport business may be granted on the condition that one motor vehicle is directly driving. The term "accidentless driving career" refers to the driving experience that there was no accident due to the reason for the driver's responsibility, regardless of the existence of punishment for the accident, and if the driver was responsible for the accident, the victim was not subject to a non-prosecution disposition due to the agreement with the victim pursuant to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, as well as the fact that the victim was in the insurance or mutual aid under Article 4 of the Act on Special Cases concerning the Settlement of Traffic Accidents, which caused the vehicle, and thus, the non-prosecution disposition cannot be included in the accidentless driving experience (see Supreme Court Decision 200Nu13839, 19, 198. 19, 198.

According to the reasoning of the judgment below, on July 12, 1989, the plaintiff operated a taxi belonging to the non-party 1, 01:20 on July 12, 1989 (vehicle registration number omitted) and went into the road adjacent to the south of the Gyeongyang-dong located in the Gyeongyang-dong located in the Gyeongyang-dong located in the Gyeongsan-si. The place is a two-way straight line at night and at night, and it was difficult for the Gyeongju-si to go through, without thoroughly doing so, even though the ju-si did not go through or go through, and it was impossible for the plaintiff to go through, the ju-si and the ju-si to go on the right side of the road without thoroughly find out the non-party who entered the road, and the plaintiff did not have any error of law in the misapprehension of the legal principles as to the 4th of the judgment below's negligence of the non-party 16 weeks on the ground that it did not constitute a non-party 2's negligence in violation of this case.

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

Justices Park Jong-ho (Presiding Justice)