A. D On July 20, 2014, driving a vehicle E with blood alcohol content of 0.157% (hereinafter “Defendant vehicle”) around 00:56, and driving the vehicle in violation of the signal from the south of the Do of Jeju to the Do of Sririro, and driving the vehicle in violation of the signal from the south of Jeju to the Do of Sririro, and, at Jeju, h (hereinafter “the instant accident”) where the front of the G hospital of F was walked by pedestrian signals (hereinafter “the deceased”), and escaped, the deceased died on the job.

B. D was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (D) with respect to the instant accident and escape, and was sentenced to imprisonment with prison labor for 4 years in Jeju District Court Decision 2014Kadan962.

C. The Plaintiff is the deceased’s wife, and the designated parties are the deceased’s children (hereinafter referred to as “Plaintiff, etc.”), and the Defendant is the insurer who entered into an automobile insurance contract with the Defendant regarding D and the Defendant’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

A. According to the above facts of recognition, the deceased died due to the negligence of the deceased, who is the driver of the Defendant’s vehicle, and the defendant is liable for the damages suffered by the deceased and the plaintiff, who is his bereaved family, due to the instant accident.

B. The Defendant asserted that the accident of this case occurred at night at night, making it easy for the Deceased to check the light of the vehicle, and as pedestrians, they have the duty of care to check the light of the vehicle, and thus, the Deceased’s negligence should be offset (limited to liability). As such, the accident of this case occurred at the crosswalk due to D’s signal violation, D was only taken at the time, D did not take relief measures after the accident of this case, and D did not cause the Deceased’s death. In full view of the above, it is difficult to view that there was the Deceased’s negligence.