Criteria for determining whether it is a serious traffic accident under Article 31 (1) 5 of the Motor Vehicle Driving Business Act

In order to fall under a serious traffic accident provided for in Article 31 (1) 5 of the Automobile Transport Business Act, it shall be limited to cases where it may be deemed to be a serious traffic accident which may not occur ordinarily in comprehensive consideration of all the contents and results of the act, such as the degree of negligence of a person who has caused the traffic accident, negligence of the victim, circumstances of the accident, damage

Article 31 (1) 5 of the Automobile Transport Business Act

Supreme Court Decision 87Nu876 Delivered on January 19, 1988

Bupyeong-si Corporation

Attorney Kim Tae-tae, Counsel for the defendant-appellant

Busan High Court Decision 88Gu605 delivered on October 7, 1988

The judgment of the court below is reversed and the case is remanded to Busan High Court.

According to the reasoning of the judgment of the court below, the court below affirmed the judgment of the court below that when the non-party's driver's license of the plaintiff company was a traffic accident caused by the non-party's negligence not negligent in driving a taxi and the victim's neglect of duty to pay attention to the front line in consideration of the fact that the accident was caused by a serious traffic accident as provided by Article 31 (1) 5 of the Automobile Transport Business Act, while recognizing that the accident was caused by concurrent traffic accidents caused by the non-party's negligence not going beyond the crosswalk adjacent to the crosswalk adjacent to the land delivery at night, while recognizing that the accident was caused by the non-party's accident caused by the accident, the situation of the accident, the damage effect of the accident on the general society, etc., and the accident was caused by a serious traffic accident as provided by Article 31 (1) 5 of the Automobile Transport Business Act.

However, in order for a certain traffic accident to be considered as a serious traffic accident as stipulated under the above Act, the contents and results of all acts such as the degree of negligence of the person causing the traffic accident, negligence of the victim, circumstance of the accident, damage situations, and influence on the general society shall be comprehensively examined, and it shall be limited to the case where it can be deemed as a serious traffic accident not an ordinary traffic accident. According to the records, it is difficult to find that the restricted speed of taxi at the location of the accident in this case was 60 kilometers per hour, and it is difficult to find that the driver was not bound by the law if the driver was driven at the speed of 60 km, and it is difficult to see that the driver was not a serious traffic accident due to the gross negligence of the victim in this case, and it is difficult to see that it is difficult to see that there is a significant fault of the victim of the traffic accident in this case, which is a 1st night road without considering the detailed negligence of the victim of the traffic accident in this case.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)