A. The meaning of "serious traffic accidents" under Article 31 (1) 5 of the Automobile Transport Business Act

(b) The case holding that the disposition to revoke the transportation business license for the accident vehicle is lawful;

A. The term "serious traffic accident" under Article 31 (1) 5 of the Automobile Transport Business Act refers to an accident to the extent that it is deemed improper to allow a trucking business operator to continue to operate a transport business or to own a license as it is, by comprehensively taking into account the occurrence of the traffic accident, such as the situation of the traffic accident, the fault of the perpetrator, degree of negligence of the victim, damage situations, etc

B. In a case where the driver’s number of vehicles belonging to a vehicle transport company caused the death of two persons due to a serious negligence beyond the central line while the driver’s number of vehicles belonging to the said company brooms over brooms, it constitutes “when the occurrence of a large number of casualties is caused due to a serious traffic accident” under Article 31(1)5 of the Automobile Transport Business Act, and thus, the disposition to revoke the license of the transport business for the said vehicle is lawful.

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

Attorney Lee Jae-sung et al., Counsel for the defendant-appellant

Attorney Kang-soo et al., Counsel for the defendant

Seoul High Court Decision 87Gu980 delivered on December 5, 1988

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

Article 31(1) of the Automobile Transport Business Act provides that when a motor vehicle transport business operator causes many casualties due to a serious traffic accident under subparagraph 5, the Minister of Construction and Transportation may order a suspension of business for a fixed period of not more than six months or revoke all or part of a license. The above serious traffic accident refers to an accident to the extent that it is deemed improper to allow a motor vehicle transport business operator to continue to operate a transport business or to possess a license, by comprehensively examining the occurrence of a traffic accident, such as the situation of the occurrence of the traffic accident, the degree of the perpetrator's negligence, the degree of negligence of the victim

According to the reasoning of the judgment of the court below, the court below held that the non-party 1, a driver of the plaintiff company, maintained the accident vehicle of this case on June 7, 1987 and proceeded with the Han River from the Han River to the Han River, and there is a lot of 70 kilometers at the time when the second line is restricted, so the surface is slick, and it is necessary to safely drive the vehicle at the speed above the above speed of the time, without taking such measures despite the fact that the non-party 1, a driver of the plaintiff company, maintained the above accident vehicle of this case on June 7, 1987, and maintained the traffic accident of this case, and caused the accident to the non-party 1, the non-party 1, a traffic accident of this case on the road of this case on which the non-party 2, the non-party 1, an accident of this case, which caused the death of the non-party 1, a speed exceeding 78 kilometers at the time of the above restriction (the non-party 2, an accident of this case on the road of this case).

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 Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)