logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(춘천) 2020.04.22 2019나51633
손해배상(기)
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except to supplement or add the relevant part of the judgment of the court of first instance as follows (2) and to supplement or add it as stated in the following (3). Thus, it is acceptable as it is in accordance with Article

2. The 4th 3rd side of the 4rd side of the cover "on the opposite direction beyond the median line installed with yellow-ray on the road in the direction of the cheondo" shall be added.

5 The 10th parallels “B” shall be written with “B No. 2 through 4, B or 7”.

6 The 6th two parallels “(H)” shall be added to “(H)”.

7 The 9th parallel "Article 30.2 (c)" shall be written with "Article 30.2 (c) and (c)".

8 . 8 ..... ..... ......... later, “in the opposite direction to the road beyond the center line installed with yellow-ray.”

10. The 10th 10 Kern shall be added to “H Team”.

3. Supplement and addition of judgments;

A. Since the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents stipulates the causes of an accident that may seriously threaten human life and body among the accidents caused by a motor vehicle, where a traffic accident occurs due to the act provided for in the said proviso, it shall be deemed that the act is gross negligence, barring any special circumstance.

The instant accident is an accident against the central line as prescribed by subparagraph 2 of the proviso of the said provision, and thus, the Defendants are gross negligence with regard to the instant accident.

B. Article 3(1) of the Special Act on the Settlement of Traffic Accidents provides that “If a driver of a vehicle commits a crime under Article 268 of the Criminal Act due to a traffic accident, he/she shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding twenty million won

The main sentence of paragraph (2) of the same Article shall be prosecuted against the driver who commits the crime of injury by occupational negligence or gross negligence among the crimes provided for in paragraph (1) against the explicit will of the victim.

arrow