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(영문) 인천지방법원 2016.02.16 2014가단79630
손해배상(자)
Text

1. The Defendant’s KRW 10,601,00 for the Plaintiff and 5% per annum from December 21, 2013 to February 16, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 and No. 6 No. 1 and No. 6-3, as a whole, ① A was under the influence of alcohol at around 06:00 on December 21, 2013, while driving a vehicle of Category C with a blood alcohol content of at least 0.101%, in violation of the signal at the intersection in the south-gu Incheon Metropolitan City Incheon Metropolitan City Intersection, and caused the Plaintiff’s accident, which was under the right side from the left side of the car driving direction, facing the Defendant’s front part of the Plaintiff’s driving car of the Plaintiff’s driving car of the said teteher (hereinafter “instant accident”). ② The Defendant is the insurer who entered into an automobile insurance contract with B at the time, and the Plaintiff may recognize the fact that the Plaintiff suffered injury, such as damage to the power failure to diver due to the instant accident, etc.

According to the above facts, the defendant is responsible for compensating the plaintiff for all responsibility that the plaintiff suffered from the accident in this case.

On the other hand, the defendant asserts that even if the plaintiff entered the intersection B prior to the plaintiff's entry, the plaintiff is not able to properly examine the right and the right, and there is a negligence directly attributable to the trust and good faith.

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

I found that the other vehicle is continuing to proceed by entering the intersection immediately after the signal of its direction was changed to a stop signal from the direction to the stop signal.

In special cases where it is anticipated to enter an intersection in violation of any other signal, there is a duty of care to prevent accidents and drive such vehicle with an attitude to prevent accidents by looking at the movement of such vehicle while slowly.

However, such duty of care is recognized in relation to vehicles that enter the intersection before and immediately after the signal change.

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