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(영문) 서울중앙지방법원 2020.01.22 2018나38217
손해배상 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows the evidence submitted in the court of first instance, the fact-finding and the judgment of the court of

Therefore, the reasoning of the judgment of this court is as follows, except for the parts added or used as follows, and therefore, it is identical to the reasoning of the judgment of the court of first instance.

2. A portion used for adding or cutting;

A. Following the 8th instance judgment of the first instance court, the following is added.

“On the other hand, the Defendant’s request for an accident analysis to the Road Traffic Safety Act, and the fact that the Defendant did not provide 119 video images containing the rescue operation situation at the time of the instant traffic accident is recognized. However, in light of the fact that the J visits the Mapo Police Station after the time of the traffic accident and uses it for the analysis of the accident by cutting down the area of the said video, the diver form according to the above video and the diver form of the photograph accompanied by the Defendant’s request for analysis did not vary to the right side, and that the results of the analysis conducted by the JJ are less likely to change significantly, it is difficult to deem that the above act by the Defendant violated the duty as a police officer.”

B. The 9th to 10th 6th tier of the first instance judgment shall be followed as follows.

“3) The fact that the Defendant’s breach of duty was made by the investigative agency at the time of the instant traffic accident, 60 km or 50 to 60 km, is recognized.

The maximum speed of the location of the instant traffic accident is 60 km per hour, and the surface was milched at the time. Therefore, pursuant to Article 19(2)1(a) of the Enforcement Rule of the Road Traffic Act, the maximum speed of the location of the instant traffic accident should be reduced by 20/100.

Therefore, at the time of the instant traffic accident.

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