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(영문) 대전지방법원 2017.07.05 2015가단212142
손해배상(자)
Text

1. The defendant,

A. From January 31, 2015 to May 30, 2017, the Plaintiff 28,33,333 won and its related amount are 5% per annum to Plaintiff A.

Reasons

Basic Facts

E On January 31, 2015, while under the influence of alcohol of 03:00, Franchising a Franchising car (hereinafter referred to as “Plaintiffs”) with a level of alcohol of 0.144%, led to a four-lane road of the Sochising Culture Center, located at the center of Daejeon Jung-gu, Daejeon, along two-lanes in the direction of the Jung-gu Office in the direction of the Daejeon Daejeon History.

E left turn without a stop signal at the above intersection and received the front part of H-si (hereinafter referred to as “Defendant vehicle”) driving in the network G (hereinafter referred to as “Defendant vehicle”) from the front part of the Plaintiff vehicle, and caused the death of the deceased due to a fluor, etc. due to a cryp, etc., at the front part of the Plaintiff vehicle on the same day, by taking the front part of the Plaintiff vehicle.

(hereinafter “instant accident”). Plaintiff A is the deceased’s spouse, and Plaintiff B, C, and D are the deceased’s children.

The defendant is the insurer of the defendant vehicle.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 12 (the number shall include each number; hereinafter the same shall apply), and the facts of recognition as the basis for the liability for damages arising from the overall purport of the pleadings, it shall be deemed that Eul caused the accident of this case by the negligence of violating traffic signal while under the influence of alcohol and failing to perform the duty of care, causing the death of the deceased. Thus, as the insurer of the defendant vehicle, the defendant is liable for the damages suffered by the plaintiffs, who are the deceased and his bereaved family members.

The defendant asserts that the defendant should limit the defendant's liability in consideration of these circumstances, since the deceased neglected his/her duty to operate a steering gear, steering gear, and did not wear a safety bell.

There are other vehicles already entering the intersection even if they are drivers of vehicles driving in compliance with signal.

or another vehicle's signal to the direction of its proceeding is in line.

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