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(영문) 서울고등법원 2014.11.14 2014나2003380
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs corresponding to the revoked part are against the defendant.

Reasons

1. Basic facts

A. The status of the parties is the father of the deceased E (hereinafter “the deceased”), the mother of the deceased, the Plaintiff C’s her her her her her, and the Plaintiff D’s her her her her her her mother.

The defendant is the user of G and H, who is a police officer belonging to the F police box of the Sungsung Police Station.

B. (1) On January 26, 2012, the Deceased was enrolled in a new valve industry corporation located in 450-2, Seongbuk-dong, Chungcheongnam-dong, Chungcheongnam-si, and thereafter, he was living in 109-dong 106, 206, the company dormitory of the instant accident.

(2) At around 01:30 on June 23, 2012, the Deceased was under the influence of alcohol on the one-lane road of the two-lane road in front of the restaurant “K” in J in Sung-si, and L, boarding and leaving the said vehicle, was reported to the MO box that the Deceased was used on the road.

(3) At around June 23, 2012, the Defendant discovered the Deceased at the above place, including the assistant assistant to the Mabs, who was called out after receiving the said report, and the Police Officers, at the same time.

N was broken by putting the shoulder of the deceased, and was towed by having the deceased sit on the road on which the deceased might take on the her house.

The Deceased was on board the back seat of the patrol vehicle.

(4) N andO did not appear to be the side of the re-corporate bank in which the deceased did not answer, but confirmed that the deceased did not respond.

O while driving patrol cars in the direction of a corporate bank, reported the deceased who tried to carry out Gutoothto in the vicinity of the male marble, and kept the deceased who tried to get out of the train after getting out of the train.

After that, despite the O's recommendation that the deceased was called back to the patrol vehicle, he left the crosswalk in the direction of the company bank, and N andO were fine depending on the deceased, but the deceased said that he is fine.

Accordingly, N andO judged that the deceased could have voluntarily returned home, and they return patrol cars.

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