본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
대구고등법원 2014.09.18 2014나20494

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal



1. Basic facts

A. On July 13, 201, the Plaintiff driven the instant vehicle at around 21:45 minutes and around 49cc occ (hereinafter “instant vehicle”) and proceeded in the direction of the rest-down rest area in the direction of the office of environmental facilities located in Pyeongnam, Nam-gu, Busan through the 69mn-do Donn-do 69mn-do Don-ro (hereinafter “instant road”).

B. The instant vehicle was restored to the left side of the instant vehicle by shocking the protective fence installed at the edge of the opposite lane beyond the center line.

Due to its shock, the Plaintiff left the instant vehicle, and felled to approximately 3-4 meters below the protective fence, and suffered injuries, such as the sloping sloping slopings, etc.

(hereinafter referred to as “instant accident”). C.

The defendant is a local government that installs and manages the road of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 5, fact-finding results on the president of the Medical Center of the first instance court, the purport of the whole pleadings

2. The plaintiff's assertion

A. While driving the instant vehicle, the Plaintiff was faced with the instant accident at the wind to rapidly manipulate the instant vehicle to the right side of the road and the hand.

B. Although the Defendant, as a manager of the instant road, has a duty to maintain and manage the instant road so that the vehicle traveling along the instant road can safely pass, the Defendant did not install a protective wall to prevent the entry of wild animals, such as Goramen, which substantially obstructs the safe passage of vehicles, and ② did not install lighting fixtures and safety signs to prevent accidents by recognizing it in advance when wild animals enter the instant road, and ③ the instant road constitutes a bridge, and even if it is not a snow bridge, it is likely that human life damage would be done if it falls under the bottom of the instant accident site.