(영문) 서울중앙지방법원 2018.06.21 2016가단5311592

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(영문) 서울중앙지방법원 2018.06.21 2016가단5311592

구상금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On April 9, 2014, around 17:10, 2014, A, while carrying C on the “E farm’s 31 line roads in front of the “E farm” located in the north-gu, Pohang-si, Posing off the road from the front side to the machinery surface, fell into an orchard located adjacent to the road, leaving the road to the right side, and the said cargo was returned to the said vehicle, thereby falling into an orchard in front of A and C. As a result, the said cargo was returned to the vehicle.

(2) At the time of the instant accident, A was engaged in 0.016% alcohol level 0.0% under the influence of alcohol level . (2) at the time of the instant accident.

B. Of the provisions on the installation of a protective fence and the current state of the road at the location of the instant accident (1) the provisions on the protective fences of the vehicle safety facilities under the Guidelines for Installation and Management of Road Safety Facilities (hereinafter “instant Guidelines”), which are amended and implemented on February 14, 2014, related to the protection fences are as follows.

2. In principle, a protection fence shall be installed on the roads falling under any of the following, in order to prevent vehicles from escaping from the roads, at a place where 2.2 is installed: (a) a protection fence shall be installed on the roads and traffic conditions:

(1) A slope of the sloping (1) in the section in which it is dangerous on the side of the road i [including a slope of a slope of a slope of a slope of an mountain (including a slope of a slope of a slope in a natural state and a slope of a slope of a slope as provided by the relevant connection with structures in the earth and sand), and the height on the side of the road h [the height of a slope from the future ground to the ground surface] is located within the range of the shooting lines indicated on 2.4 in the forest i.e., a slope of a slope in a natural state. In cases where there is a slope of a structure, the slope of a slope in the sloping surface in a non-sloping area shall be installed in relation to the elevation of a slope and the height of the side of the road (hereinafter referred to as the “intersection”).

유사 판례

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-대전지방법원 2016.07.01 2016나102076

-서울중앙지방법원 2016.6.10.선고 2013가단5112152 판결

-울산지방법원 2016.07.13 2015가합21178

-대전지방법원 2016.01.12 2015나105900