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(영문) 서울중앙지방법원 2015.08.11 2014가단129725
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. The Defendant concluded a mutual aid contract for D buses.

B. On March 5, 2013, E driven the above bus on the 20:43rd day, and driven the 4-lane road (restricted speed 60 km/h) of the boom apartment 1117-dong, Yangcheon-gu, Seoul, 325, at a speed of about 30 km from the surface of the two-dried apartment, at a speed of about 30 km, depending on the high-speed distance from the surface of the two-dried apartment, and loaded a bicycle in the opposite direction to the right side of the bus, separate from the road, and walked the head of the F, which is used toward the road, with the front edge of the bus.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, F died at the site.

(hereinafter referred to as “the deceased”). D.

E was prosecuted by Seoul Southern District Court 2013Ma1632 due to the instant accident, but the judgment of innocence was rendered on November 20, 2013 on the following grounds. The Prosecutor appealed as the same court 2013No2126, but the appeal was dismissed on April 10, 2014.

Although it is difficult to ascertain at any time when E was found to be the center of the deceased due to its influence, it is found that the bus immediately stops with the front wheels of the deceased, according to the results of the appraisal by the National Institute of Scientific Investigation, it is necessary to stop at least 12.3-14.2 meters in order to avoid accidents in the event that the bus is rapidly operated, and that it was difficult to avoid accidents even if the bus and the bicycle distance from the bus started to start at the first right time, because the bus and bicycle distance were not only 11m since it was turned down at the first right time.

In order to avoid an accident to return to the left direction, it is necessary to keep the distance from 6.2 to 6.8 meters away. Therefore, there is room to view that the instant accident could have been avoided if E discovered the deceased at the front of 11 meters and ended immediately.

However, the driver's direction towards his own port can be the cause of the accident in itself, and the instant case.

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