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(영문) 서울동부지방법원 2013.12.11 2013나1671
손해배상(자)
Text

1. The part against the plaintiffs of the money that orders payment under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 05:40 on September 10, 201, the Defendant: (a) driven a DNAS car (hereinafter “Defendant vehicle”) with a blood alcohol concentration of 0.085%; and (b) died at around 06:30 on the day of the accident at the 06:30-day on the day of the accident due to an exposure to the intersection in front of the Transport Center located in Songpa-gu Seoul Metropolitan City, Songpa-gu, Seoul, the left-hand side of the said intersection from the Jincheon-do basin to the flow-distance.

(2) At the time of the instant accident, the Defendant started to turn to the left after waiting for the signal prior to the date of the stop line at the intersection. The Defendant started to turn to the left after leaving the stop line. At the point where the scooter proceeds 15 meters from the stop line (on the basis of the accident scooter, at the point where the scooter proceeds 43 meters from the stop line), the front right side of the Defendant’s vehicle and the front side of the deceased scooter was shocked.

At the time of the shock, each map consisting of the front side of the scooter and the chief side of the defendant's vehicle is inside and outside of 150∑, and the defendant's vehicle was shocked with the scoo to turn to the left at approximately 30∑.

(3) The breadth of the instant intersection is approximately 61 meters, and the breadth is relatively perfect, and there was no obstacle to interfere with the view of the Defendant’s front and rear direction.

(4) At the time, the Defendant: (a) reported that the left turn signal enters and the vehicles coming from the lock station room are stopped; and (b) did not take the right side, and (c) found the deceased’s scooters, who was in the lock station, at the right side of the lock station, immediately before shocking the Defendant’s vehicle with the Defendant; and (d) passed the intersection without immediately driving the Defendant’s vehicle immediately after the accident.

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