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(영문) 광주지방법원 2016.12.28 2016가단502277
손해배상(기)
Text

1. The Defendant: (a) from March 26, 2015 to March 26, 2015, the Plaintiff 3,169,377 won, Plaintiff B, and C, respectively, and each of the said money.

Reasons

1. Facts of premise;

A. On March 25, 2015, Plaintiff A driving a Dammy truck (hereinafter “instant vehicle”) with a alcohol level of 0.133% around 18:50% (hereinafter “the instant vehicle”) and suffered injury, such as damage to each ledger, etc. due to the impact of the instant cargo vehicle, which is installed between the roadway’s roadway and India, while driving as an access road from the lower side of the non-ASEAN road located in the Gwangju Mine to enter the opposite side of the northwest as the northwest.

(hereinafter “instant accident”). B.

On the right side of the access road in the site of the accident of this case, the plaintiff A had a yellow solid line installed on the right side of the access road of this case, two yellow-ray guiding lines were installed on the yellow-ray front of the protective fence of this case, and the street lamps were installed at the starting point of the non-ASEAN road, and there was no cross-facilities installed on the part of the protective fence of this case.

C. The Defendant is the manager of the road where the instant accident occurred.

Plaintiff

B is the wife of Plaintiff A, and Plaintiff C is an infant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 19, Eul evidence 1, 5, 6, 7 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Article 37(1) of the Road Act (Act No. 11690) at the time of the instant accident provides that “the structure, facilities, maintenance, safety inspection, and repair of roads shall conform to the standards determined by Ordinance of the Ministry of Land, Infrastructure and Transport.” Accordingly, Article 38(1) of the Rules on the Standards for Structure and Facilities of Roads No. 1, Ministry of Land, Infrastructure and Transport, where deemed necessary to prevent traffic accidents, the starting-line guiding facilities, protection fences, shock absorption facilities, lighting facilities, lighting facilities, speed prevention facilities, road reflects, anti-slock prevention facilities, and surface.

Iron Packaging, emergency brakes, etc.;

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