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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: the part concerning the reasoning of the judgment of the court of first instance, except for the cases where the part concerning the judgment of the court of first instance is reversed as stated below, this part concerning the reasoning of the judgment of the court of first instance shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part to be mard;
A. (1) According to the Plaintiff’s common terms and conditions of automobile insurance, the Plaintiff’s automobile insurance stipulates that any damage incurred when a policyholder, the insured, etc. drives under the influence of alcohol does not compensate for the damage. The drinking driving is defined as an act of driving under the influence of alcohol or refusing to comply with the measurement of alcohol under the influence of alcohol under the Road Traffic Act.
In addition, according to Article 44 of the Road Traffic Act, anyone shall not drive a motor vehicle under the influence of alcohol, and the standard of the state of under the influence of alcohol prohibited from driving shall be the case where the driver's blood alcohol concentration is not less than 0.05 percent.
Therefore, in light of the overall purport of the pleadings as to whether the Defendant’s blood alcohol content at the time of the accident falls under 0.05% or more in health class, Gap’s video products, and Eul’s evidence No. 11, the Defendant, along with her friend, drinked to the instant car first, and her friended with her friend and her friended on January 1, 2013, when her friends and her friended to drive the Defendant as the instant car on January 1, 2013, her friend and her friended from the Defendant’s friended to the Defendant, and around 06:45 on the same day, 06:45, the Defendant’s defect friended to the Defendant from around 06:5 to friend the Defendant’s friend to the Defendant.