The judgment below

The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. Whether the degree of noise generated by road noise (hereinafter referred to as “order of daily life”) exceeds the degree of daily life to be generally identified by social norms (hereinafter referred to as “limit of participation”) shall be determined by comprehensively taking into account all the circumstances, such as nature and degree of damage, the public nature of benefits from damage, the form of harmful act, the public nature of harmful act, the public nature of harmful act, the prevention measures against the perpetrator or the possibility of avoiding damage, whether the noise was in violation of the regulatory standards under public law, regional characteristics, and the follow-up relationship

(see, e.g., Supreme Court Decisions 98Da47528, Jul. 27, 199; 2004Da37904, 37911, Jun. 15, 2007). In addition, the following should be fully considered: (a) roads are indispensable facilities in modern life, which provide a large amount of convenience to regional traffic and balanced development and industrial and economic activities; (b) urban development projects are being performed as an essential element for the construction of major road networks around the urban development project; (c) automobile traffic occupies a large portion of traffic; and (d) road noise occurrence and increase to a certain degree is difficult due to social development.

Meanwhile, in a case involving interference with daily life caused by road noise, it cannot be readily concluded that there exists road noise exceeding the environmental noise standard under the Framework Act on Environmental Policy with respect to noise in roadside areas, and thus, there is an unlawful infringement exceeding the civil reference limit. Barring special circumstances, whether the noise level measured in the state of opening all windows in the direction of noise source, such as roads, at the living room where daily life is mainly conducted, exceeds the environmental noise standard under the Framework Act on Environmental Policy, etc.