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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning the instant case is as follows: (a) Of the judgment of the court of first instance, the "Gradical protection fence" of Section 4 is placed in the court of first instance with "protection fence that can prevent vehicle from falling," and "3. judgment".
B. In addition to the use of the part of the judgment of the court of first instance (No. 9 to No. 7 of the judgment of the court of first instance) as follows, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this is cited in accordance with the main sentence
2. The judgment of this Court
(a) In general, any defect in the construction, management, and preservation of a road shall be determined specifically according to social norms by comprehensively taking into account all the circumstances, such as the location and location of the road, the structure of the road, the volume of the traffic at the time of the accident, the traffic conditions at the time of the accident, and the original purpose of the use,
B. (See, e.g., Supreme Court Decision 2002Da15917, Sept. 27, 2002).
The following facts are acknowledged in light of Gap evidence Nos. 3, 4, 6 through 8, Eul evidence No. 4, Eul evidence No. 5, and the purport of Gap evidence No. 5 as a whole.
① Prior to the instant accident, the instant accident occurred as a series of accidents involving the crash of vehicles in the PortIC, and a majority of the media was reported. In this context, the safety was pointed out to the effect that various media companies are likely to have weak intensity.
② At the time of the instant accident, stuffing (based on the driving direction of the Plaintiff’s vehicle; hereinafter the same shall apply) fences were installed on the right side of the accident site (on the basis of the direction of the Plaintiff’s vehicle; hereinafter the same shall apply). On the other hand, there was only a Pipe-type protective fence, a rewing-out sign, and a PE protective fence.
(3) DPipe protective fences shall be installed for the purpose of absorbing shocks as the form of a vehicle is changed at the time of collision and preventing escape from the way of the vehicle.
④ The instant accident point’s speed is limited.