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Legal Interest in Damages Regarding Loss of Treatment Chance (치료기회상실로 인한 손해배상에 있어서 피침해법익)

  • Eom, Bokhyun
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.83-139
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    • 2019
  • Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

Low Grade Astrocytoma-Need Postoperative Radiotherapy or Not? (저분화 성상세포종-수술후 방사선치료가 필수적인가 ?)

  • Hong Seong Eon;Choi Doo Ho;Kim Tee Sung;Leem Won
    • Radiation Oncology Journal
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    • v.10 no.2
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    • pp.171-180
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    • 1992
  • The precise role of radiotherapy for low grade gliomas including the optimal radiation dose and timing of treatment remains unclear. The information given by a retrosepctive analysis may be useful in the design of prospective randomized studies looking at radiation dose and time of surgical and radiotherapeutic treatment. The records of 56 patients (M:F = 29:27) with histologically verified cerebral low grade gliomas (47 cases of grade 1 or 2 astrocytomas and 9 oligodendrogliomas) diagnosed between 1979 and 1989 were retrospectively reviewed. The extent of surgical tumor removal was gross total or radical subtotal in 38 patients ($68\%$) and partial or biopsy only in the remaining 18 patients ($32\%$). Postooperative radiation therapy was given to 36 patients ($64\%$) of the total 56 patients with minimum dose of 5000 cGy (range=1250 to 7220 cGy). The 5-and 10-year survival rates for the total 56 patients were $44\%$ and $32\%$ respectively with a median survival of 4.1 years. According to the histologic grade the 5- and 10-year survivals were $52\%$ and $35\%$ for the 24 patients respectively with grade I astrocytomas compared to $20\%$ and $10\%$ for the 23 patients with grade II astrocytomas. Survival of oligodendroglioma patients was greater than those with astrocytoma ($65\%$ vs $36\%$ at 5 years), and the difference was also remarkable in the long term period of follow up ($54\%$ vs $23\%$ at 10 years). Those who received high-dose radiation therapy ($\geq$5400 cGy) had significant better survival than those who received low-dose radiation (< 5400cGy) or surgery alone (p<0.05). The 5- and 10-year survival rates were, respectively $59\%$ and $46\%$ for the 23 patients receiving high-dose radiation, $36\%$ and $24\%$ for the 13 patients receiving low-dose radiation, and $35\%$ and $26\%$ for the 20 patients with surgery alone. Survival rates by the extent of surgical resection were similar at 5 years ($46\%$ vs $41\%$), but long term survival was quite different (p<0.01) between total/subtotal resection and partial resection/biopsy ($41\%$ and $12\%$, resepctively). Previously published studies have identified important prognostic factors in these tumor: age, extent of surgery, grade, performance status, and duration of symptoms. But in our cases statistical analysis revealed that grade I histology (p<0.025) and young age (p<0.001) were the most significant good prognostic variables.

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Development of Model Plans in Three Dimensional Conformal Radiotherapy for Brain Tumors (뇌종양 환자의 3차원 입체조형 치료를 위한 뇌내 주요 부위의 모델치료계획의 개발)

  • Pyo Hongryull;Lee Sanghoon;Kim GwiEon;Keum Kichang;Chang Sekyung;Suh Chang-Ok
    • Radiation Oncology Journal
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    • v.20 no.1
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    • pp.1-16
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    • 2002
  • Purpose : Three dimensional conformal radiotherapy planning is being used widely for the treatment of patients with brain tumor. However, it takes much time to develop an optimal treatment plan, therefore, it is difficult to apply this technique to all patients. To increase the efficiency of this technique, we need to develop standard radiotherapy plant for each site of the brain. Therefore we developed several 3 dimensional conformal radiotherapy plans (3D plans) for tumors at each site of brain, compared them with each other, and with 2 dimensional radiotherapy plans. Finally model plans for each site of the brain were decide. Materials and Methods : Imaginary tumors, with sizes commonly observed in the clinic, were designed for each site of the brain and drawn on CT images. The planning target volumes (PTVs) were as follows; temporal $tumor-5.7\times8.2\times7.6\;cm$, suprasellar $tumor-3\times4\times4.1\;cm$, thalamic $tumor-3.1\times5.9\times3.7\;cm$, frontoparietal $tumor-5.5\times7\times5.5\;cm$, and occipitoparietal $tumor-5\times5.5\times5\;cm$. Plans using paralled opposed 2 portals and/or 3 portals including fronto-vertex and 2 lateral fields were developed manually as the conventional 2D plans, and 3D noncoplanar conformal plans were developed using beam's eye view and the automatic block drawing tool. Total tumor dose was 54 Gy for a suprasellar tumor, 59.4 Gy and 72 Gy for the other tumors. All dose plans (including 2D plans) were calculated using 3D plan software. Developed plans were compared with each other using dose-volume histograms (DVH), normal tissue complication probabilities (NTCP) and variable dose statistic values (minimum, maximum and mean dose, D5, V83, V85 and V95). Finally a best radiotherapy plan for each site of brain was selected. Results : 1) Temporal tumor; NTCPs and DVHs of the normal tissue of all 3D plans were superior to 2D plans and this trend was more definite when total dose was escalated to 72 Gy (NTCPs of normal brain 2D $plans:27\%,\;8\%\rightarrow\;3D\;plans:1\%,\;1\%$). Various dose statistic values did not show any consistent trend. A 3D plan using 3 noncoplanar portals was selected as a model radiotherapy plan. 2) Suprasellar tumor; NTCPs of all 3D plans and 2D plans did not show significant difference because the total dose of this tumor was only 54 Gy. DVHs of normal brain and brainstem were significantly different for different plans. D5, V85, V95 and mean values showed some consistent trend that was compatible with DVH. All 3D plans were superior to 2D plans even when 3 portals (fronto-vertex and 2 lateral fields) were used for 2D plans. A 3D plan using 7 portals was worse than plans using fewer portals. A 3D plan using 5 noncoplanar portals was selected as a model plan. 3) Thalamic tumor; NTCPs of all 3D plans were lower than the 2D plans when the total dose was elevated to 72 Gy. DVHs of normal tissues showed similar results. V83, V85, V95 showed some consistent differences between plans but not between 3D plans. 3D plans using 5 noncoplanar portals were selected as a model plan. 4) Parietal (fronto- and occipito-) tumors; all NTCPs of the normal brain in 3D plans were lower than in 2D plans. DVH also showed the same results. V83, V85, V95 showed consistent trends with NTCP and DVH. 3D plans using 5 portals for frontoparietal tumor and 6 portals for occipitoparietal tumor were selected as model plans. Conclusion : NTCP and DVH showed reasonable differences between plans and were through to be useful for comparing plans. All 3D plans were superior to 2D plans. Best 3D plans were selected for tumors in each site of brain using NTCP, DVH and finally by the planner's decision.

Retrospective Analysis of Chief Complaints and Causes of Dogs and Cats during Emergency Visits: 3,180 Cases (응급실에 내원하는 개와 고양이의 주증과 원인에 대한 후향분석: 3,180례)

  • Lee, Hyekyung;Son, Won-Gyun;Seo, Jimin;Kim, Hyunwook;Lee, Inhyung
    • Journal of Veterinary Clinics
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    • v.31 no.2
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    • pp.90-94
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    • 2014
  • This study was performed to investigate on the frequent chief complaints and the causes of dogs and cats visiting to an emergency department, and to suggest the minimum requirements for veterinary emergency clinics in South Korea. The medical records were reviewed for 2,368 dogs and 347 cats visiting the emergency department of Haemaru Referral Animal Hospital from March 2012 to August 2013. Among them, 255 dogs and 35 cats visited more than one time and each visit was considered as an individual case. Therefore, 2,784 cases of dogs and 396 cases of cats were reviewed. The medical records were analyzed according to the criteria such as signalment, chief complaints, diagnoses, hospital admission, and outcome. In dogs, vomiting, diarrhea, or both were the most common chief complaints, followed by dyspnea, trauma, seizure, and lethargy. The most common causes of emergency visits were gastrointestinal disorders, followed by neurologic, cardiovascular, respiratory, urologic, and hematologic disorders. In cats, dyspnea was the most common chief complaint, followed by vomiting, diarrhea, or both, trauma, dysuria, and lethargy. The most common causes of emergency visits were urologic disorders followed by gastrointestinal, respiratory, infectious, and cardiovascular disorders. According to the results, vomiting, diarrhea, dyspnea, and trauma were the most frequently encountered chief complaints, which accounted for approximately 48.6% of all cases in both dogs and cats. However common causes were differed between the dogs and the cats. In order to provide proper emergency service, it is required to prepare the clinicians and facilities to diagnose and stabilize these emergency patients.

Human Impact on Sedimentary Environment of Estuarine Coastal Salt Marches, Southern Coastal Region of Korea Peninsula (인위적 환경변화에 따른 해안지역 퇴적환경의 변화)

  • 박의준
    • Journal of the Korean Geographical Society
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    • v.36 no.2
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    • pp.111-125
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    • 2001
  • An estuary is semi-inclosed inlets, located between terrestrial and marine environment. Since many estuaries along south-western coasts of Korean peninsula were affected by human settlements and activities, significant changes in sedimentation environments have been observed. The research area is divided into three distinct morpho-stratigraphic units: fluvial dominated area(Area1), mixed area(Area 2), tide-dominated area(Area3). The landform of this area has been changed by reclamation and river channel change. Temporal variations affected by dam construction, periodic freshet was iterrupted. Sediments began to continuously accmulate on estuary banks by tide. Meanwhile, because of the continuous but reduced discharge of fresh water, the salinity of estuarine sediments was declined. That processes made vegetated area( Phregmites lonivalvis and Suaeda japonica) to be expanded. It indicates that the magnitude and frequency of geomorphic processes has been significantly changed.

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Occurrence of Metalaxyl-Resistant Isolates of Pythium spp. Isolated from Turfgrasses of Golf Courses in Korea (우리나라 골프장 잔디에서 분리한 Metalaxyl 저항성 Pythium spp.의 발생)

  • Kim, Jin-Won;Park, Eun-Woo
    • The Korean Journal of Mycology
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    • v.30 no.2
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    • pp.157-165
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    • 2002
  • Of 125 isolates collected from 35 golf courses, sensitivity of 44 isolates of Pythium species to metalaxyl was determined on corn meal agar with various concentrations of metalaxyl (0.1, 1.0, 10.0, 50.0, 100.0, and $250.0{\mu}g\;a.\;i/ml$). The isolates were able to be categorized into the sensitive and resistant groups based on hyphal growth measured in terms of colony diameters on the medium with $1.0\;and\;10.0{\mu}g\;a.\;i./ml$. When compared with hyphal growth on the medium without metalaxyl, hyphal growth of the sensitive group which included 31 isolates was inhibited by $66{\sim}98%$ on the medium with $1.0{\mu}g\;a.\;i./ml$, whereas that of the resistant group which included 13 isolates grew well and the hyphal growth was inhibited only by $6{\sim}26%$. When $10.0{\mu}g\;a.\;i./ml$ of metalaxyl was included in the medium, hyphal growth of the sensitive and resistant groups was inhibited by $82{\sim}99%\;and\;27{\sim}47%$, respectively. Occurrence of metalaxyl-resistant isolates of Pythium spp. not only from turfgrasses on golf courses but also from other crops was observed for the first time in Korea. Metalaxyl-resistant isolates occurred most frequently in P. graminicola. Control effects of metalaxyl were determined by applying metalaxyl after and before inoculation of 4 and 3 isolates of sensitive and resistant isolates of P. graminicola, respectively, to creeping bentgrass in pots. The minimum concentration of metalaxyl to control metalaxyl-sensitive isolates was $6.25{\mu}g\;a.\;i./ml$, whereas the disease caused by the metalaxyl-resistant isolates could not be controlled with $12.50{\mu}g\;a.\;i./ml$ of metalaxyl. The disease was controlled more effectively by an application of metalaxyl prior to inoculation than after occurrence of the disease.

Rapid Bioassessments of Kap Stream Using the Index of Biological Integrity (생물보전지수(Index of Biological Integrity)의 신속한 생물평가 기법을 이용한 갑천 수계의 평가)

  • Yeom, Dong-Hyuk;Lee, Sung-Kyu;An, Kwang-Guk
    • Korean Journal of Environmental Biology
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    • v.19 no.4
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    • pp.261-269
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    • 2001
  • The purpose of present study was to introduce a multimetric approach, so called the Index of Biological Integrity (IBI) as a tool for evaluations of water environments. We used 11 metric systems for the IBI to evaluate stream conditions, based on the fish community, and modified 5 original metric attributes suggested by Karr (1981). Overall IBI values in Kap Stream averaged 36 (n = 5) and ranged 17${\sim}$49, indicating a 'fair condition' according to the modified criteria of Karr (1981) and U.S. EPA (1993). However, there were distinct differences in the IBI values among 5 study sites. The IBI values at sites 1, 2, and 3 were 49, 45, and 41, which indicated 'good${\sim}$excellent', 'good', and 'fair' condition, respectively, while values at sites 4 and 5 were 17 and 29, which indicated 'very poor' and 'poor', respectively. The minimum IBI at site 4 was probably due to continuous inputs of wastewater from wastewater disposal plants. The condition at site 4 resulted in predominance of tolerant species (50%), omnivore species (50%), and high abnormalies (43%). In the mean time, the IBI value at site 5, located near 5km downstream from the site 4, increased compared to that of site 4, and this seemed to be a result of recovery of water quality as the polluted water goes downward. We believe that present bioassessment methodology of IBI applied in this study may be used as a key tool to set up specific goals for stream restoration plans and dentify recovery levels of lotic ecosystems after restoration activities(i.e., prevention of point-source pollutant input, restoration of physical habitats, construction of riparian vegetation) as well as a biological measure diagnosing current stream conditions.

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An effect on the Job-satisfaction and Service quality of the effect factor on Job-satisfaction of Family Restaurant Service Staff (외식업체 종사원의 직무만족 영향요인이 직무만족과 서비스품질에 미치는 영향)

  • 이형백;노진옥
    • Journal of Applied Tourism Food and Beverage Management and Research
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    • v.16 no.2
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    • pp.175-199
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    • 2005
  • Family Restaurant is a service business of a kind. The role of service operator is to improve a sales of service goods through maximizing the service value with customer satisfaction at the moment of MOT(moment of truth). Family Restaurant come to the great growth on the face of it. In future, it will place emphasis more and more on not hardware but software including service quality. The purpose of this study, therefore, is to research the effect on service quality of the job satisfaction of Family Restaurant's service staff. Data was collected from the employee who are working at Family Restaurant located in Taegu. The empirical research has been done over 50days from 1April, 2004 to 20May, 2004. In conclusion of empirical analysis, 4 hypotheses were significant among 7 hypotheses suggested in this study. The research showed as follows : First, the organic trait among the effect factor of job satisfaction perceived by Family Restaurant service staff showed positive influence on job satisfaction. Second, the personal trait among the effect factor of job satisfaction perceived by Family Restaurant service staff showed positive influence on service quality. Third, the official trait among the effect factor of job satisfaction perceived by Family Restaurant service staff showed negative influence on job satisfaction. Fourth, the organic trait among the effect factor of job satisfaction perceived by Family Restaurant service staff showed positive influence on service quality. Fifth, the personal trait among the effect factor of job satisfaction perceived by Family Restaurant service staff showed negative influence on service quality. Sixth, the organic trait among the effect factor of job satisfaction perceived by Family Restaurant service staff showed negative influence on service quality. Seventh, the job satisfaction of Family Restaurant service staff showed positive influence on service quality. Besides, the critical points of this study are as follows; First, we designated the subject of research to the employee of Family Restaurant only. Second, multi-situations(time, holiday) which can happen as service was offered, wasn't concerned. Third, as service quality was estimated by general service quality, the research in future should subdivide service quality more. I, finally, applied the pervious researches on job satisfaction and service quality in the employee of Family Restaurant. To extend more this research model in future, the variables like customer satisfaction should be added.

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Cloud-cell Tracking Analysis using Satellite Image of Extreme Heavy Snowfall in the Yeongdong Region (영동지역의 극한 대설에 대한 위성관측으로부터 구름 추적)

  • Cho, Young-Jun;Kwon, Tae-Yong
    • Korean Journal of Remote Sensing
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    • v.30 no.1
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    • pp.83-107
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    • 2014
  • This study presents spatial characteristics of cloud using satellite image in the extreme heavy snowfall of the Yeongdong region. 3 extreme heavy snowfall events in the Yeongdong region during the recent 12 years (2001 ~ 2012) are selected for which the fresh snow cover exceed 50 cm/day. Spatial characteristics (minimum brightness temperature; Tmin, cloud size, center of cloud-cell) of cloud are analyzed by tracking main cloud-cell related with these events. These characteristics are compared with radar precipitation in the Yeongdong region to investigate relationship between cloud and precipitation. The results are summarized as follows, selected extreme heavy snowfall events are associated with the isolated, well-developed, and small-scale convective cloud which is developing over the Yeongdong region or moving from over East Korea Bay to the Yeongdong region. During the period of main precipitation, cloud-cell Tmin is low ($-40{\sim}-50^{\circ}C$) and cloud area is small (17,000 ~ 40,000 $km^2$). Precipitation area (${\geq}$ 0.5 mm/hr) from radar also shows small and isolated shape (4,000 ~ 8,000 $km^2$). The locations of the cloud and precipitation are similar, but in there centers are located closely to the coast of the Yeongdong region. In all events the extreme heavy snowfall occur in the period a developed cloud-cell was moving into the coastal waters of the Yeongdong. However, it was found that developing stage of cloud and precipitation are not well matched each other in one of 3 events. Water vapor image shows that cloud-cell is developed on the northern edge of the dry(dark) region. Therefore, at the result analyzed from cloud and precipitation, selected extreme heavy snowfall events are associated with small-scale secondary cyclone or vortex, not explosive polar low. Detection and tracking small-scale cloud-cell in the real-time forecasting of the Yeongdong extreme heavy snowfall is important.

Estimation of the Superelevation Safety Factor Considering Operating Speed at 3-Dimensional Alignment (입체선형의 주행속도를 고려한 편경사 안전율 산정에 관한 연구)

  • Park, Tae-Hoon;Kim, Joong-Hyo;Park, Je-Jin;Park, Ju-Won;Ha, Tae-Jun
    • Journal of Korean Society of Transportation
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    • v.23 no.7 s.85
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    • pp.159-163
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    • 2005
  • The propriety between suppliers and demanders in geometric design is very important. Although the final purpose of constructing roads is to concern about the driver s comfort, unfortunately, it has not been considered so far. We've considered the regularity and quickness in considering driver's comfort but there should be considered the safety for the accident as well. If drivers are appeared to be more speeding than designer's intention, there will be needed some supplements to increase the safety rate for the roads. Even if both an upward and downward section are supposed to exist at the same time for solid geometry of the roads like this, it is true that the recent design for the 3-D solid geometry section has been done as flat 2-D and the minimum plane curve radius and the maximum cant have been decided just by calculating without considering operating speed between an upward and downward section at the same point. In this investigation, thus, I'd like to calculate the safety of the cant by considering the speed features of the solid geometry for the first lane of four lane rural roads. To begin with, we investigated the driving speed of the car, which is not been influenced by a preceding car to analyze the influence of the geometrical structure by using Nc-97. Secondly, we statistically analyzed the driving features of the solid geometry after comparing the 6 sections, that is, measuring the driving speed feature at 12 points and combining the influence of the vertical geometry and plane geometry to the driving speed of the plane curve which was researched before. Finally, we estimated the value of cant which considers the driving speed not by using it which has applied uniformly without considering it properly, though there were some differences between a designed speed and driving speed through the result of the basic statistical analysis but by introducing the new safety rate rule, a notion of ${\alpha}$. As a result of the research, we could see the driving features of the car and suggest the safety rate which considers these. For considering the maximum cant, if we apply the safety rate, the result of this experiment, which considers 3-D solid geometry, there'll be the improvement of the driver's safety for designing roads. In addition, after collecting and analyzing the data for the road sections which have various geometrical structures by expanding this experiment it is considered that there should be developed the models which considers 3-D solid geometry.