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(영문) 수원지방법원 2016.10.27 2015나36560
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders additional payment, shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The following facts do not conflict between the parties, or each of them can be acknowledged on the images of Gap evidence Nos. 1, 2, and 5, Gap evidence No. 6-1 to 19, and Gap evidence No. 17, with the overall purport of the pleadings.

1) On July 8, 2014, at around 22:50, C is a DK5 car under the influence of alcohol level of 0.254% in blood, around July 8, 2014 (hereinafter “instant sea vehicle”).

2) On the other hand, in order to prevent the occurrence of the accident by driving a vehicle at night, and driving the vehicle at night, there was an occupational duty of care to reduce the speed of the vehicle in the instant case at night and to ensure the right and the right and the right of the moving direction. However, despite the fact that there was a duty of care to prevent the occurrence of the accident by driving the vehicle at night, it is recognized that the vehicle in this case goes far more rapidly than 60 km at the time of the restriction on the road indicated in paragraph (1) and the bicycle in the first instance court Gap evidence Nos. 6-12 and 19 of the speed Gap and the second instance court Gap evidence No. 17 of the trial court at the time when it is impossible to drive the vehicle normally under the influence of alcohol as stated in the preceding paragraph. In full view of the following purport, it is sufficiently recognized that the vehicle in this case goes through the bicycle in the same direction as the bicycle in this case by negligence.

)를 타고 가던 H을 미처 발견하지 못하고, 이 사건 가해 차량의 오른쪽 앞부분으로 이 사건 자전거의 뒷부분을 들이받아, 그 충격으로 H로 하여금 상당한 거리를 튕겨나가 노면에 떨어지게 함으로써 H에게 혈복강 등의 상해를 입게 하였으며, H은 다음 날 위 상해로 인한 저혈량성 쇼크로 사망하였다(이하 ‘이 사건 사고’라고 하고, H은 ‘망인’이라고 한다

3) Plaintiff A is the deceased’s wife, and Plaintiff B is the deceased’s wife, and the deceased’s wife.

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