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(영문) 대구지방법원 2016.02.16 2014가단55298

손해배상(자)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. At around 00:30 on August 5, 2014, C died into a traffic accident (hereinafter “instant accident”) involving E-si driven by D (hereinafter “instant taxi”).

B. The Plaintiffs are parents of the network C.

C. Defendant LABS is the owner of the instant taxi and the user of D, and Defendant Korea Passenger Transport Business Association is the mutual aid business entity for the instant taxi.

The following are the developments leading up to the occurrence of the instant accident.

- On August 5, 2014, at approximately 00:30, the accident occurred in the three-lanes of Gwon in front of the 4-lanes of Gwon in Daegu, Seo-gu, Seo-gu, where the front driver and C are faced with each other, and C died of cerebrovascular around 01:11 on the same day.

- The ordinary speed of the accident site of this case is 70 km per hour, and the surface at the time was milched, so the speed limit is 56 km per hour, which reduces 20% pursuant to Article 19(2) of the Enforcement Rule of the Road Traffic Act.

Nevertheless, D operated the instant taxi at the location of the instant accident at a speed of 84 km per hour.

- The location of the instant accident is three lanes, which are four lanes (one-lane), and a fence is installed along the median line, and the two-lanes are installed between the first lane (ton lane) and the second lane in lieu of the fence, in the vicinity of the median lane (one-lane), which is the center line.

(See the following photographs) In addition, crosswalks with signal signals by signal apparatus at approximately 60-100 meters from the point where the instant accident occurred.

Nevertheless, C illegally crossed the road on the left side of the instant taxi on the basis of the direction of the running of the instant taxi.

E. D, a taxi driver of the instant taxi, was indicted for violating the Act on Special Cases concerning the Settlement of Traffic Accidents related to the instant accident, and was sentenced to imprisonment without prison labor in May 12, 2015 and two years of suspended execution, and the judgment became final and conclusive.

(Supplementary branch of the Daegu District Court 2015Kadan269). 【Ground of Recognition】 There is no dispute, and Gap 1 through 6.