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(영문) 서울북부지방법원 2016.08.12 2015가단126012

손해배상(국)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 27, 2012, at around 09:19, the Plaintiff driven a private taxi (hereinafter “Plaintiff”) located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the Plaintiff”) and proceeded at a speed of about 45 km per hour among the two-lanes from the boundary of the office building in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul at a speed of about 45 km. The Plaintiff attempted to change the course into two-lanes on the front side of the valid apartment, and the driver D of the CYFSS cab operating the Plaintiff’s vehicle in the same direction at the right side in order to avoid drilling with the Plaintiff, and the front wheel part of the front wheel part of the drive vehicle at the right side of the road (hereinafter “instant accident”). < Amended by Presidential Decree No. 20420, Mar. 27, 2012>

B. The police officer belonging to the Seoul Yeongdeungpo Police Station, who initially investigated the instant accident, determined that the instant accident was caused by the Plaintiff’s change of course, and the vehicle driving ahead of the same direction was attempted to conceal the instant accident.

C. On July 18, 2012, the National Institute of Scientific Investigation assessed that the instant accident occurred beyond the boundary of India when the Plaintiff’s vehicle went into the two-lanes by operating a steering gear in the right direction in order to avoid the accident, while driving the vehicle in the direction to the right direction in order to avoid the accident, and that the latter vehicle was operated to avoid the accident, and that the distance between a stop of at least 55 meters or a distance of a avoidance direction of at least 26 meters is required.

On September 13, 2012, the police officer belonging to the Seoul Metropolitan Police Agency who reviewed the instant accident upon the Plaintiff’s request has compared and analyzed the data of the digital operation records of the Plaintiff vehicle and the digital operation records of the vehicle following the vehicle.