(영문) 서울중앙지방법원 2018.11.15 2017가단5241577

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(영문) 서울중앙지방법원 2018.11.15 2017가단5241577

손해배상(자)

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1. The Defendant, from August 23, 2017, against Plaintiff A, KRW 169,803,725, and KRW 166,303,725, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) D is a cargo vehicle E (hereinafter “Defendant vehicle”) around 23:30 on August 23, 2017.

) While driving a vehicle on the road 55 in the direction of the Sincheon-si, the road was driven at about 10km along a speed of 10km along that of the telecommunication unit from the direction of the waste incineration site in order to ensure that F is under the influence of alcohol, even though it was discovered that F is under the influence of alcohol, while proceeding beyond the central line, F was under the speed of F with the right of the front offender of the said cargo, and f was under the ground, and the head of F was under the right edge of the said cargo, without taking necessary measures, such as aiding F (hereinafter “instant accident”).

2) In the instant accident, F died due to diversified damage, such as the complexity of two and abundance of the inner frame, etc.

(F) The Plaintiffs are the deceased’s parents, and the Defendant is the mutual aid business operator for the Defendant’s vehicle. (4) As to the instant accident, D was indicted for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicle) by the Suwon District Court in relation to the instant accident, and was convicted of imprisonment for three years. The Defendant was convicted of a suspended sentence in the appellate trial of the Suwon District Court 2018No4792, which became final and conclusive.

[Ground of recognition] without any dispute, Gap evidence 1 through 5, Gap evidence 16 through 31, Gap evidence 16 through 31, Eul evidence 15-15, obvious fact, and purport of whole pleadings

B. According to the above findings of recognition of liability, as the deceased died due to the operation of the Defendant vehicle, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant vehicle, barring special circumstances.

C. Limit of liability, however, the deceased is also the center of the roadway.

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