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(영문) 부산지방법원 2019.02.21 2018가단302113
손해배상(자)
Text

1. Defendant C’s KRW 125,068,703 as well as 5% per annum from June 9, 2017 to February 21, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 9, 2017, Defendant C driving a D-car (hereinafter “Defendant”) around 02:15 on June 9, 2017, and proceeding the front road of the Busan Jin-gu E-building in the direction of the cross-section.

In order for police officers to report the fact that they are under the influence of alcohol driving and avoid this, they attempted to make a bypass to a road between the F convenience store and the E-building, but the plaintiff who was under the control of drinking driving with the police uniform was found to have a drinking driving and was required by the plaintiff to get the vehicle from the plaintiff to measure the blood alcohol concentration.

Accordingly, in order to gather control, the defendant C led the plaintiff, who was carrying a creative frame that was opened by starting the defendant's vehicle from his own place of origin, to approximately 18 meters, and caused the plaintiff to go beyond the road floor by getting the plaintiff to go beyond the road floor, thereby causing an injury, such as the stoves on the right side, and the traffic accident situation investigated by the investigative agency is as shown in the attached Form on the site of the accident.

(hereinafter “instant accident”). B.

In the instant accident, Defendant C is a person who is engaged in driving a D SP car for the following criminal facts at the Busan District Court (2017Gohap304) on September 8, 2017.

On June 9, 2017, at around 02:15, the Defendant driven a D SP car with a blood alcohol concentration of 0.109%, and attempted to make a round to the right alleyway by discovering police officers who are under drinking control in the front bank while driving on the road near the building in Busan Jin-gu, Busan, and thus, it was difficult for the Defendant to take the alcohol control from A (31 years old) belonging to the Busan Jin-gu Police Station, which discovered the fact of drinking at that time. As such, the Defendant was demanded by the police officer to take a measure of blood alcohol concentration in order to measure the blood alcohol concentration.

Nevertheless, in order to avoid punishment due to drinking driving, the defendant has taken the above police officer who has opened the driving seat frame by starting the above car with a sudden driving.

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