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The judgment of the court below is reversed, and the case is remanded to Cheongju District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. In general, since a motor vehicle driver who operates a road with a median line along his/her own median line is trusting the operation of the motor vehicle which is driven along his/her median line, barring any special circumstance that could anticipate the abnormal operation of the motor vehicle of the other motor vehicle, the other motor vehicle driver is not obliged to pay a duty of care to anticipate the accident of the other motor vehicle by entering the median line. In this case, even if the above motor vehicle driver has driven a motor vehicle beyond the speed limit, it cannot be caused by his/her negligence on the sole ground of such circumstance. However, if there was a circumstance that the vehicle driver could avoid a collision immediately after discovering the median line of the other motor vehicle of the other motor vehicle if he/she had not driven the motor vehicle in excess of speed limit, it can be viewed that the speed of the motor vehicle was negligent;
(2) On February 9, 2001, Supreme Court Decisions 2000Da67464, May 10, 2007; 2006Da3295, May 10, 2007). 2. According to the reasoning of the judgment below, the court below found the following circumstances acknowledged by the adopted evidence, i.e., the date weather at the time of the instant accident, i.e., it seems that there was no obstacle to securing the view. The edge of the road in which the instant accident occurred is adjacent to farmland, and even if the networkI discovered the Defendant Oran in advance, it appears that it was difficult for the Defendant to drive on the side or change the way to the side without any serious damage. In light of the fact that the Defendant Orababa and the Defendant Orababababbabba, which caused the Plaintiff’s operation immediately before the instant accident, it is difficult to recognize that the network I could have immediately predicted the centralized of the networkF, as well as the evidence and circumstances submitted by the Defendants.