24844회. 자전거 도로에서 자전거끼리 사고!! 대법원 판결은??

84531 250715 (Tue) Live CCTV footage Two-lane bike road The informant's bike was going straight fast The bike in front of the informant was going straight slowly to the right edge and then suddenly turned left and caused an accident (slow speed because two people were riding) The police said the car behind was the perpetrator based on the relationship between the front and back.. ------------------- Voting 1. The bike in front was more at fault (70%) 2. The bike overtaking was more at fault (30%) ------------------------ Supreme Court 2009da94278 Original judgment Seoul Central District Court 2009. 11. 3. Decision 2009na23282 Order The appeal is dismissed. The defendant is responsible for the costs of the appeal. Reason Judging the grounds for the appeal. Article 19, Paragraph 2 of the Road Traffic Act stipulates that “When a driver of a vehicle intends to change the course of a vehicle, he/she shall not change the course if there is a risk of impeding the normal passage of other vehicles coming in the direction of the intended change,” and Article 38, Paragraph 1 stipulates that “When a driver of a vehicle intends to change the course while traveling in the same direction, he/she shall signal with his/her hand, a direction indicator, or a light until the action is completed.” In light of the fact that bicycles are considered “vehicles” under the Road Traffic Act, When a driver of a bicycle riding on a bicycle path intends to change the course, he/she shall not change the course if there is a risk of impeding the normal passage of other bicycles. When there are other bicycle drivers riding nearby, he/she has a duty of care to indicate that he/she is changing the course with his/her hand or an appropriate signal method. According to the reasons for the original judgment, the original court, based on the evidence, acknowledged that: ① The defendant was riding a bicycle on the right side of the right lane of the Hangang pedestrian and bicycle shared road from Tancheon Bridge toward Jamsil at approximately 30 km/h, and the plaintiff was approaching the defendant and driving behind the defendant on the left side of the right lane at an unknown speed, ② Upon reaching the point of the accident in this case, the defendant suddenly turned the handlebars to the left and crossed the road in order to exit to the Hangang Riverside Promenade on the left side of the direction of travel, and the plaintiff, who was following the defendant, suddenly stopped to avoid a collision with the defendant's bicycle and fell over to the right side of the road with the bicycle, which resulted in the plaintiff suffering injuries such as a fracture of the upper spine. Furthermore, the appellate court ruled that in the above situation, the defendant, who was trying to make a left turn, had a duty of care to safely make a left turn by using a hand signal or the like while proceeding to the left side of the road and informing the cyclist traveling behind him of his direction of travel, or by looking behind him at a close distance in the direction of travel. Therefore, the appellate court ruled that the defendant, who failed to comply with this duty of care and made a left turn, was responsible for compensating the plaintiff for the damages suffered as a result of the accident. In light of the above legal principles and records, the appellate court's findings of fact and judgment are correct and there is no illegality such as misinterpretation of the law regarding the cyclist's duty of care. Therefore, the appeal is dismissed, and the losing party is to bear the costs of the appeal. The unanimous opinion of the participating judges renders the judgment as per the order. Justice Min Il-young (Chief Justice) Kim Young-ran Lee Hong-hoon (Chief Judge) Kim Neung-hwan Voting 1. The bicycle in front was more at fault (87.5%) 2. The bicycle behind was more at fault (12.5%) ----------------- "Bicycles should also look at the 'rear safety' just like driving a car" 2009.11.08 21:00 Original link: https://news.sbs.co.kr/news/endPage.d.... A ruling was made that when riding a bicycle, just like when driving a car, one has a duty to look at the 'rear' safety. It is expected to have a major impact on lawsuits related to bicycle accidents. Last August, Mr. Moon broke his arm while riding a bicycle on the pedestrian-bicycle path along the Han River. Mr. Oh's bicycle, which was riding ahead of Mr. Moon, suddenly made a left turn, and Mr. Moon fell over after trying to avoid it by stopping suddenly. Mr. Moon filed a lawsuit claiming that Mr. Oh, who was riding ahead, caused the accident, but the first trial court did not accept Mr. Moon's claim. However, the appellate court ruled, "Mr. Oh is responsible for suddenly turning left without paying attention to the bicycle riding nearby," and "Pay 20% of the damages." The court did not accept Mr. Oh's claim that signaling with his hand or turning his head ...