(a) Criteria for determining whether or not a "serious traffic accident" under Article 31 subparagraph 5 of the Automobile Transport Business Act is applicable;

(b) The case which recognized that it falls under a serious traffic accident as prescribed in subparagraph 5 of Article 31 of the Automobile Transport Business Act.

A. Whether it constitutes a serious traffic accident under Article 31 subparagraph 5 of the Automobile Transport Business Act shall be determined by considering all the contents and results of the act, such as the degree of negligence of a person causing the traffic accident, negligence of the victim, circumstances of the accident, damage situations, influence on the general society, etc., and determining whether such a traffic accident can be deemed a serious traffic accident other than a traffic accident which may normally occur.

(b) The case that it falls under a serious traffic accident provided for in subparagraph 5 of Article 31 of the Automobile Transport Business Act; and

Article 31 subparagraph 5 of the Automobile Transport Business Act

A. Supreme Court Decision 83Nu551 Decided February 28, 1984; 84Nu300 Decided October 23, 1984; 84Nu472 Decided December 11, 1984; 85Nu85 Decided June 11, 1985

[Defendant-Appellee] Defendant 1 and 3 others

Head of Busan Metropolitan City;

Daegu High Court Decision 86Gu349 delivered on August 7, 1987

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to Article 31 subparagraph 5 of the Automobile Transport Business Act, when a vehicle transport business operator has caused many casualties due to a serious traffic accident or frequent traffic accident, the Minister of Construction and Transportation (the Do Governor pursuant to Article 9 of the Enforcement Decree of the same Act) shall order the suspension of business for a fixed period of not more than six months, or revoke the license in whole or in part, or determine whether a certain traffic accident constitutes a serious traffic accident here, by considering all the details and results of the act such as the degree of fault of the person causing the traffic accident, the fault of the victim, the circumstance of the accident, the damage, the impact on the general society, etc., and determine whether such a traffic accident can be deemed a serious traffic accident not an ordinary traffic accident (see, e.g., Supreme Court Decision 84Nu472, Dec. 11, 1984; 85Nu855, Jun. 11,

According to the reasoning of the judgment below, the court below found that the non-party 1, who is the driver of the 1.9167 taxi owned by the defendant, had two passengers on August 3, 1986 at the above 1.22:40 on the 1986-8.3.22:40 on the 1986-8.8.3, the above 1.22:40 on the 1986-8. The non-party 1, who is the driver of the cab owned by the defendant, had been driving at the entrance of the Busan Jin-dong Special School located in the Dong-dong Busan Special Metropolitan City, Busan Special Metropolitan City (Seoul Special Metropolitan City). The non-party 1, who is the driver of the 1.32:40 on the 1.40-day-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, had a lot of trouble in view of the above legal principles and found the non-party 1's name at the 3rd road without delay.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Lee-hee (Presiding Justice)