The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

On April 6, 2017, around 03:10, Gwangjin-gu Seoul Special Metropolitan City H.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The grounds for this part of the facts are the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the principal lawsuit and counterclaim claim

A. (1) The fact that Plaintiff B received a final and conclusive verdict of not guilty of the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death or Injury) in relation to the instant liability for damages is as seen earlier.

However, the conviction in a criminal trial means that there is evidence that leads a judge to have a conviction to the extent that it excludes a reasonable doubt with respect to the facts charged, while the judgment of innocence means that there is no such evidence, and it does not mean that the absence of the facts charged has been proven (see, e.g., Supreme Court Decision 2006Da27055, Sept. 14, 2006). While criminal liability for tort is held liable for acts violating the legal order of society, civil liability is held liable for an act in violation of the law and order of society, and is based on a public sanction against the offender, civil liability is held liable for the act infringing another person's legal interests, and thus, the compensation system is based on the fair and reasonable burden of damages. Thus, even if it is not a criminal offense, whether it constitutes a tort under the civil law or not should be examined from a perspective separate from criminal liability.

(see, e.g., Supreme Court Decision 2006Da6713, Feb. 1, 2008). Ultimately, whether the Plaintiffs are liable for civil damages on the deceased’s death should be examined from a perspective different from criminal liability.

The general legal principles regarding the instant traffic accident are as follows.

The coming vehicle shall be a road.