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(영문) 서울중앙지방법원 2015.08.12 2014가단5128420
손해배상(자)
Text

1. The Defendant’s KRW 258,878,937 as well as the Plaintiff’s annual rate from April 20, 2013 to August 12, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) The net B is under the influence of alcohol 0.158% ( blood collection value) in blood alcohol level, and around April 20, 2013, at around 03:10, it is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

(ii) while driving a restaurant and driving a two-lane road in front of the E-cafeteria in the city of the Gu/U.S., while driving a two-lane road in front of the E-cafeteria in the city of the city of the city of the city of the city of the city of the city of the city of the city of the road, through thorough operation of the front-round city of the city of the city of the city of the city of the city, and accurately operating the steering direction and operation system of the Gu of the city of the city of the city of the city of the road of the vehicle of the vehicle of the vehicle

) On the same day, around 03:47 on the same day, death was caused by an increase in the number of long-term injury to trauma (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle, and the Plaintiff is the mother of the Deceased.

[Reasons for Recognition] Each entry and video of Gap's 1, 2, 3, 9, 10, 11, and 11 (including branch numbers, hereinafter the same shall apply) without dispute, and the purport of the whole pleadings

B. According to the above findings of recognition of liability, the defendant is liable for damages sustained by the deceased and the plaintiff due to the accident in this case.

C. Meanwhile, according to the above evidence, the deceased was limited to the liability, and the deceased was on board the defendant vehicle to drink alcohol together with H, the network I, and the network B, which are the relatives of G High School, and was on board the defendant vehicle again to return to the defendant vehicle after drinking alcohol, and the degree of blood alcohol in the net B, which is the driver of the defendant vehicle at the time of the accident in this case, was 0.158%, and both the deceased and the remaining passengers were under the influence of alcohol. The comprehensive traffic accident analysis of the HW branch of the HW branch of the HW branch of the Road Traffic Authority at the time of the accident in this case, it appears that the deceased was on the part of the defendant vehicle at the speed of 118km (70km per speed limit) per hour at the time of the accident in this case.

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