The case recognizing the negligence of the driver of a motor vehicle that conflicts with the preceding motor vehicle normally operated because the surface of rainwater does not take measures, such as speed reduction, on the narrow expressway;

If the vehicle in the running on the road where rainwater is cut off due to a broom, it cannot expect future path. Therefore, even if the vehicle has entered the opposite vehicle beyond the temporary median line, it can be re-sleeped by the original lane due to the collision with the state of the road or with other obstacles such as the vehicle. Therefore, the driver of the vehicle that is going on the rear side has the duty of care to reduce speed and secure safety distance in preparation for such a situation.

Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

Defendant

Defendant

Attorney Gangwon-at-Law

Daejeon District Court Decision 89No42 delivered on April 6, 1989

The appeal is dismissed.

The grounds of appeal by the defense counsel are examined.

The judgment of the court below affirmed the judgment of the court of first instance which found the defendant guilty of the accident of this case due to the negligence that occurred in the course without taking necessary measures despite the fact that the automobiles driving ahead of the road surface turned down on the road surface due to rainwater 80 kilometers per hour while driving along the road at the speed of 80 kilometers per hour without collision even if the automobiles are stopped or cut down on the road, and driving the road at the speed of 70 meters per hour while not maintaining the safety distance with the automobiles driving ahead of the road surface, and that the automobiles driving ahead of the road surface do not go beyond the central line, and did not take any measures to stop and stop, and if the employment evidence of the court of first instance and the court of first instance move normally from the road surface due to a sudden accident, the above judgment of the court below and the judgment of the court below are acceptable, and since it could not be seen that there was no error in the misapprehension of the legal principles as to traffic accident by the driver at the speed of the road or other obstacles, it cannot be seen that the defendant did not have any error after the judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won