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(영문) 창원지방법원 2015.12.17 2015나33148
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. A. Around 05:07 on May 17, 2014, while under the influence of alcohol of 0.157% of alcohol, D driven a e-car (hereinafter “Plaintiff-car”) and proceeded with one lane from the right side of the 105-meter e-ray (hereinafter “F driver”) of the F driver’s G Twitter-Traler (hereinafter “Defendant Tr”), which was parked on the right side of the Plaintiff’s vehicle and parked on the four-lane, with the left side of the Plaintiff’s vehicle, and the part of the driver’s e-car recons with the right side of the Defendant Tr.

(hereinafter “instant accident”). D around 05:26 on the same day, died due to damage to the plelosion of the instant accident, etc.

B. The road in which the accident of this case occurred is flat and is four-lanes of a bend form to the right.

At the time of the accident in this case, the defendant Lehler was parked in four lanes from four lanes to three lanes in the four lanes in the sections in which the starting of the accident in this case is turned out and the tail lights and sidelights are not tight.

In the location of the accident of this case, approximately 23 cm height is installed, and the roadway and the sidewalk are divided into vehicular road and the sidewalk are installed on the right side, and street trees are planted at regular intervals.

The time of the instant accident was 05:19, and was immediately before sunrise at the time of the instant accident.

C. The plaintiff A is the spouse of the deceased D (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant Leper driven by F.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 3, 12, Eul evidence 1-1 to 9, Eul evidence 2, the purport of the whole pleadings

2. The plaintiffs asserted by the parties concerned shall be the place where the F violated Article 32 of the Road Traffic Act, where the instant accident occurred, which is the parking prohibition zone.

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