(영문) 전주지방법원 2016.1.22.선고 2015가단10310 판결

The defendant shall pay to the plaintiff 23,181,00 won with 5% interest per annum from January 14, 2014 to the delivery date of a complaint, and 20% interest per annum from the next day to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company running non-life insurance business, and 08Ra3 * * * * the insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s automobile (hereinafter “Plaintiff’s automobile”), and the Defendant is an institution responsible for the construction and management of the road (part of the national highway No. 22) as it is located in the Go Chang-gun, Jeollabuk-do.

B. On August 3, 2013, at around 06: around 20: Around 20, the 00: (a) according to the line line, which is the two-lane of the center of the space located in the sloping-gun located in the Jin Chang-gun, the vehicle headed a road bended in the one-lane direction from the sloping-gun area to the high sloping-ro (hereinafter referred to as the “road in this case”) in the direction of the road in the direction of the road in the direction of the road in which the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

C. The Plaintiff, as an insurer of the Plaintiff’s vehicle, paid KRW 46,362,00 in total, including KRW 1,362,00, and KRW 45,00,00 for the deceased’s surviving family members, and KRW 45,00 for the deceased’s death benefit (for entry in evidence Nos. 6 and 7, the amount offsetting the deceased’s negligence by deeming the deceased’s negligence to be 50%).

D. The instant road has a central separation cost, and the location of the instant accident has a gap between the Angym protection fence and the central separation protection fence for general use in the section of bridge, and the central separation protection fence was installed on the central separation zone. There was a luminous preventive facility installed on the central separation zone. In the vicinity of the instant accident site, the luminous preventive facility was not installed at approximately 2 meters.

E. Of Article 37(1) of the Road Act and Article 11(1) and Article 38(1) of the Rules on the Standards for Structure and Facilities of Roads, which are Ordinance of the Ministry of Land, Transport and Maritime Affairs, the part concerning protective fences and the installation and management guidelines for road safety facilities are as listed in the attached Table.

F. Meanwhile, pedestrian crosswalks are installed at a place less than 380 meters away from the location of the instant accident at the same time, and safe passage is possible even through the passage rock of the lower part of the instant road, which is about 170 meters away from the location of the instant accident, in order to move from the Deceased’s office to the flasing part of the instant road.

[Ground of recognition] Gap evidence 1 to 9, Eul evidence 1 to 6, each of the statements or images (including numbers) of Nos. 8, the purport of the whole pleadings

2. The plaintiff's assertion

The road of this case is a national highway connected to the front-up and the high-speed road with frequent traffic of vehicles. The point where this accident occurred is bended by the viser length and the central separation cost is installed, and residents are in the vicinity, and residents are crossing the road without permission beyond the central separation zone.

The Defendant installed the central separation fence before and after the point of the instant accident, and even though the central separation fence should have been continuously installed without any interruption, some sections of the central separation fence were cut off, and approximately 2 meters of the light preventive facilities at the upper part of the protective fence were not installed in the protective fence, so the Deceased was able to attract the handle, left the area between the protective fence and the unauthorized crossing.

The Central Separation Protection Facilities and Lighting Prevention Facilities are aimed at securing the safety of vehicles, but they have the purpose and function to prevent pedestrians from crossing without permission, and the defendant's negligence, which was cut off, caused the accident of this case (after the accident of this case, the defendant had installed a continuous protection fence, etc. at the center of the point where the accident of this case occurred, and the defendant also recognized the defects in the construction and management of the public structure of this case).

Although the protection fence, etc. should be continuously constructed, it is reasonable to view that the fault ratio of defects in the construction and management of the Defendant’s public structure installed by cutting off the protection fence, etc. is 50%. Thus, the Defendant is obligated to pay 23,181,000 won and interest in arrears paid by the Plaintiff to the Plaintiff (the repair cost of the Plaintiff’s vehicle and the agreed amount paid to the deceased’s bereaved family members).

3. Determination

In light of the following circumstances, the above evidence (including the purport of the entire pleadings) and Eul evidence No. 7 and the fact-finding conducted on the roads installed and managed by the defendant, and it is difficult to deem that the accident of this case occurred due to the defect in the central separation zone and the luminous preventive facilities of this case, and there is no other evidence to acknowledge the defect (in light of the above circumstances, the accident of this case appears to have occurred due to the negligence of the plaintiff driver who did not fulfill the duty of safe driving and the negligence of the deceased driver who did not perform the duty of safe driving). ① According to Article 8(1) of the Road Traffic Act, pedestrians should always pass along the roads separated from the sidewalk and the roadway, and according to Article 10(2) of the Road Traffic Act, pedestrians should cross the roads in which crosswalks, underground passages, overpasses, and other road crossing facilities are installed, and these facts should be average if all people know.

② At a place located approximately 380 meters away from the location of the instant accident, pedestrian crosswalks are installed in approximately 170 meters, and safe passage is possible, and the result of inquiry into the high-speed police station about the passage of the instant road is “before the instant accident occurred, it is not true that the instant accident occurred prior to the instant accident, and there is no civil petition filed by residents regarding the occurrence of the accident.” It is difficult to view the site of the instant accident as a place where pedestrians’ unauthorized passage is easily anticipated. (The duty to take protective measures imposed on the construction and manager of public structures refers to the extent generally required in proportion to the danger of public structures. It is not necessary to impose on the road manager the duty to take measures to predict the possibility of passage of the road to the extent that pedestrians’ source is obstructed by predicting the daily method of use to the degree of 200 centimeters between the front-class protective fences of the instant road without permission. Moreover, in preparation for the instant accident after the occurrence of the instant accident, it is not likely that the Defendant’s present preventive facility installed from the instant accident.

③ The Guidelines for the Installation and Management of Road Safety Facilities define the "facilities installed within the median belt at the center of the road" as the "facilities installed in order to prevent vehicles travelling across the median belt from escaping from the opposite direction." The main function of such facilities is to ensure the safety of other vehicles (prevention of collision or traffic obstacle with other vehicles driving on the opposite side by preventing a separate crossing vehicle from entering the vehicular road) and to ensure the safety of passengers entering the separate belt (recept of the capacity to stop or coordinate within the separate fence). The reason why the main purpose of the installation is not to restrain the crossing of pedestrians without permission, but to prevent pedestrian traffic accidents from being separated from the road without permission, is not to prevent pedestrian traffic accidents, but to prevent pedestrian traffic accidents from being separated from the road at the center.

(5) The luminous preventive facilities shall be installed at night in such a way as to prevent the snow depth of a driver due to the head of the vehicle driven by the head of the vehicle at night, and it is difficult to view that they are installed for the purpose of preventing pedestrians from crossing without permission.

6) Although the luminous preventive facilities, like the point of accident in this case, have a wire-net type that connects the central separation unit and the luminous preventive facilities to the upper part of the central separation unit, the luminous preventive facilities are installed in the form of a board, in a rectangular angle directly from the central separation unit (as it is cut off between the luminous preventive facilities and the wing, evidence 7). Thus, it cannot be said that the luminous preventive facilities have to be installed in such a way that the luminous preventive facilities have to be cut off in the form of parallel with the central separation unit.

4. Conclusion

Therefore, the plaintiff's claim is dismissed for lack of reason.

Judges

Judges Park Jong-chul

Site of separate sheet

Relevant parts of the guidelines for the installation and management of road safety facilities

A person shall be appointed.

The actual collision test will take part in the business radius when the safety facilities are recorded in the guidelines and vehicle embankments.

1. 3 Definitions;

A person shall be appointed.

Rule 50 on Standards

Damage of a designated traffic accident, such as the removal of a vehicle or the external shock of the vehicle at the prescribed time room;

• Vehicles protection fences: motor vehicles with a longer space than normal air-goings in the State; or

State Protective bridges conducted in the State

For the purposes of this section:

•No protective fences for sidewalks: traffic accidents which deviate from the way to the way by which the vehicle is invaded; or

From the protection fence installed to protect pedestrians, etc.

- Self-defense fences: To prevent the fall of pedestrians, bicycles, etc. in a long manner;

The protective fence designed to prevent pedestrians from extending roads without permission;

• JN-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-go

to prevent such act, and to prevent such act

·Hands: Handmen to prevent pedestrians from moving from a bridge to a bridge.

A person shall be appointed.

(A) a modified protective fence;

· Dratical protective fences: Shall be classified into protective fences depending on their nature and constitute in the event of its collisions;

Protection fences which have almost been modified at home;

·Fluorites: drivers who are installed at the boundary line of the sidewalk in order to divide the sidewalk into one.

The direction for vision or drainage function of the vehicle, and the suppression of entry of a defensive vehicle into the sidewalk shall be made.

There is a problem of doing harm.

- A bridge stone : To prevent vehicles from spreading out of the intersections at the end of the crime other than the crime of the bridge;

part with structure more than i.e.

* On-site prevention facilities: snow depth of a driver due to the lighting, etc. of a vehicle coming from a road on the flavoring;

Facilities installed to prevent installation;

• Weight absorption facilities: directly conflicting with high structures, etc. in which vehicles deviating from the vehicular lane;

facilities to prevent traffic accidents, and to designate traffic accidents;

* Stoppy-type shocking facilities: Poppy of principal interest in the event of a collision of chip. They return to the direction.

Facilities that have the function of enabling driving.

• A non-retaliatory shocking facility: A facility that absorbs the increase of vehicles so that the vehicle stops;

50 50 50 50

• A facility installed with a protective fence: A vehicle operation when the match conflicts with the last part of the lives;

To prevent this, because the part of the protective fence can pass through a vehicle at an uneasiness or the part of the protective fence can be prevented.

A trial room installed in a protective fence;

· Sub-sections: Sponsories that have intensity or power-drivend Kim, and that are sub-sections; or

Between the sections with the change of the cross-section and the continuity of changing the strength or the cross-section in full;

• The shock absorption facility (TMA): the facility to ensure the safety of self-employed and reflectrs on the road;

After shocking:

Examination to assess performance by analyzing the operation of passenger, tea, and bowling safety demonstration rooms;

- shock level: the physical energy of a person obtained immediately from the shock point of view of the shocking fence;

In this Guidelines, the strength of a vehicle dyphode level: To be defined

* CII(Impact Pint): Evaluation of the performance of safety facilities in accordance with the criteria for evaluation of guidelines

(2) the point of conflict, where the possibility of failure to perform the test is high;

•BP (Break Piin): Points with a length shoulder as seen above and a breais

• Pocking (Pockling): Impocking people whose sex protection is equal in the event of a vehicle collision;

of the vehicle with a view to the driver's length or the driver's length or the driver's length of the vehicle.

· Insnagling: Props or vertical absence of a mog-protection bridge in the event of a collision of vehicles

B. The phenomenon in which the rate of increase is caused by the problem or the load.

2. Protective fences;

2. 1 Functions and kinds;

2.1.1 Functions

[Explanation]

The purpose of the note of the protective fence is to move out of the way to the normal course of navigation.

It will be prevented and, in addition, shall have the following functions:

(1) The collision shall return the conflicting company to normal direction.

2 To secure the security of passengers on board the collision vehicle.

After A, there is no traffic difference by the collisioning protection fence.

1. To ensure pedestrian safety.

6 To restrain the secondary accidents caused by the motor vehicle rent of the accident.

7 To the minimum extent physical damage.

3 3 At the time of the meteorites, the lines shall be induced.

The protection fence with the above function is related to love protection fences.

Therefore, it is necessary to protect pedestrians in a broad sense. Therefore, it is deemed as the same machine within the same meaning.

In particular, in recent years, with the change of the number of traffic rackers on the large scale of vehicle weight.

The performance of vehicle driving is good and continuous driving according to the needs of time.

Therefore, the importance of protective fences installed to reduce damage upon removal of a large quantity of roads is greater.

It is growing.

2.2. Where they are installed in a separation unit;

[Judgment]

As the main function of the separation representative, it can generally be considered that:

1. Separation of vehicular roads

The time necessary for the limited system of facilities for securing the width of the reasons for the prosecution, and the paintings of the Si;

1.5 Statement of the sentence considered to be terminated on the roadway;

Gl year Prevention

(7) Prevention of the current status of both parties;

A person shall be appointed.

B. On the other hand, it is against the foregoing.

If there is no protective protection, the direction of the vehicle in the separation zone shall be rightd within the future roadway.

Whether protective fences are installed in the central separation zone shall be determined by the road and traffic professional engineers, and motor vehicles shall be the central line.

A comprehensive analysis and decision shall be made on the basis of the current and high statistics that have occurred due to the intrusion.

In general, a room shall be installed in any of the following sections:

(a) Expressways and exclusive roads for motor vehicles which are at least four lanes;

3. Intersection 3. Comprehensive review should be conducted for the installation of small-scale and protective fences.

Difficult Sections, etc.

A person shall be appointed.

(d) Sections necessary for roads in urban areas;

Roads in the local area where separation is installed;

The prevention of darbing light or lton;

- 20 -

A person shall be appointed.

Report on the Hadar of the structure of the support

A person shall be appointed.

There is a case in which an additional room is implemented to protect from it.

- 21 -

(a) Application of protective fences for sidewalks;

With the traffic volume steam, the damage to pedestrians, sponsers and sponsers is increasing.

If it is deemed necessary, the section may report pedestrians from the vehicle with the protection of the pedestrian.

It is necessary to install a kind or risk of a road corresponding to a protective fence.

For example, the appearance, etc. of the grains, where the time of the public, the time of the production is bad, or of the grains following the longer straight line, etc.

Protective fences for news reports shall be conducted to protect vehicles.

In the event that a protective fence for the sidewalk is installed as a voluntary protective fence, there is an area of time for snow protection fence for the protective fence.

It shall be carried out with a string of vehicles with a large modified distance not exceeding the people's license.

u. Risk assessment, taking into account the past accident birth status, road and traffic conditions, and taking into account risk assessment;

The fractional expenses shall be established first from the section.

(b) Application of protective fences for pedestrians (construction of simplified sidewalks and prevention of crossings);

The protective fence prescribed in this article is mainly to restrain pedestrians from crossing without permission, and to visually limit the range of beams.

It is intended to prevent pedestrian traffic accidents, so it is intended to prevent the volume from getting out of the way.

, unlike the protective fence for the forest installed, the forest is not a structure with which it can withstanding in the forest.

1) A section which prohibits pedestrians from crossing the road;

In general, on a road with a short news, pedestrians shall move to a place other than crosswalks.

They shall not cross the road because pedestrians are not able to cross the road, which is a protective fence against the wind.

A person shall be appointed.

risk of occurrence

In the case of protection fences, unauthorized crossing shall be prevented by installing protection fences. In and near a short map as possible.

It is necessary to arrange the passage of pedestrians.

- 22

Part III Safety Facilities

2. 5. 3 Lighting preventive facilities;

[Explanation]

(a) Place of establishment;

· If the width of the Rib exceeds Tim

- If the height of the upper and lower private road is at least two meters.

· Sections where road lighting is installed in training

The degree of the light difference between the upper and lower parts is 2 times the light light of the inner flag by immigration and protective fences

It is believed that the preventive facilities can be implemented separately.

If the width of the Central Separation does not exceed (2) if it exceeds the current prevention facilities, the difference between this and the two.

H. H. H. H. H. H. G. G. G. G. G. H. H. H. H. facilities in the area of the facility

(b) Location of installation;

A person shall be appointed.

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