Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and the appeal shall be 1.
Reasons
1. The circumstances leading to the instant accident are as follows.
At the time of the accident, at around 11:15 on May 25, 2019 at the time of the accident, the Defendant’s vehicle was rapidly suspended after changing the vehicle from three lanes to four lanes at the time of the collision between the 336.4km of the coast of the Highway at the time of the location of the Defendant vehicle CD at the time of the accident. Accordingly, the Plaintiff’s vehicle driven at the rear side of the Defendant vehicle at the fourth lane was at the time of the change of the vehicle from three lanes to four lanes; and accordingly, the Plaintiff’s vehicle driven at the rear side of the Defendant vehicle at the fourth lane was at the time of the accident without dispute over KRW 5,183,40,00 of the insurance money paid to the Defendant vehicle, which was at the expense of KRW 5,183,40, the Defendant’s own share of the Defendant’s self-paid vehicle in
2. The assertion and judgment
A. The plaintiff asserts that the defendant vehicle was rapidly stopped after changing the vehicle from the three lanes to the four lanes without direction direction, etc., and the plaintiff vehicle could not avoid this. Thus, the plaintiff's unilateral negligence caused the accident of this case.
In this regard, the defendant asserts that the plaintiff vehicle did not secure the safety distance to prevent the collision with the preceding vehicle, and that the accident of this case occurred due to negligence caused by the violation of the duty of safe driving, which occurred without discovering and speeding the defendant vehicle.
B. Determination 1) The following circumstances, which can be acknowledged by comprehensively taking account of the evidence and the overall purport of oral arguments as seen earlier, the driver of a motor vehicle shall not drive the motor vehicle, i.e., the motor vehicle without any inevitable reason on the expressway, etc. (Article 64 of the Road Traffic Act). In addition, the driver of a motor vehicle temporarily stops after changing the motor vehicle without any inevitable reason, and the defendant's vehicle did not turn on the direction when changing the motor vehicle as seen above, and did not properly examine the movement of the plaintiff's motor vehicle in the latter. However, in the event that the motor vehicle is suddenly stopped, the driver of a motor vehicle shall secure the necessary distance to avoid a collision with the motor vehicle in front.