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(영문) 대구지방법원 2018.09.19 2018나3234
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who, around January 2015, entered into a comprehensive motor vehicle insurance contract with the Defendant and B (hereinafter “instant motor vehicle”) with respect to a motor vehicle for which the insurance period is from January 17, 2015 to November 11, 2015, one designated within the registered insured C and its family members as the insured (hereinafter “instant insurance contract”).

B. On October 24, 2015, at around 17:28, the Defendant: (a) immediately stopped the instant vehicle while driving the instant vehicle while under the influence of alcohol at approximately 3.5m alcohol level 0.168% at the section of approximately 3.5m from the front of the e-sports wave 228-2, Mari-ri, Mari-ri, Mari-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and escaped without taking necessary measures, such as checking the status of damage and providing relief to the driver, even though the other driver on board the other vehicle was damaged by the injury.

(hereinafter “instant accident”). C.

According to the instant insurance contract, the Plaintiff paid KRW 2,006,920,00 in total, including medical expenses, to the driver of the other vehicle from November 6, 2015 to March 7, 2016, and KRW 1,116,00 in total, including vehicle repair expenses, from October 29, 2015 to October 21, 2016.

The defendant was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Road Traffic (Aggravated Decision 2015Kadan2212) and sentenced to a suspended sentence for one year, and the defendant and the prosecutor appealed against it, but both the defendant and the prosecutor appealed from the appellate court (Tgu District Court 2016No1967). The defendant appealed against this.

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