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(영문) 광주지방법원 2018.11.15 2018가합53554
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is the spouse of the non-party deceased E (hereinafter "the deceased"), and the rest of the plaintiffs are the deceased's children.

B. (1) On February 1, 2018, around 23:09, the Deceased was under the influence of alcohol at a Macheon-dong bus terminal located in Gwangju, Seocheon-gu, Gwangju, and was under the influence of alcohol from the Police Officer G (hereinafter “Control Police Officer”), who belongs to the traffic safety department of the Gwangju Northern Police Station (hereinafter “instant road”) at the 10th Macheon-do Macheon-dong-dong-dong-gu, Gwangju, Gwangju (hereinafter “instant control point”). On February 1, 2018, the Deceased was under the influence of alcohol when he was under the influence of alcohol.

(hereinafter “instant drinking control”. G was at the influence of alcohol-free weather, and G demanded the Deceased to respond to the pulmonary examination of being accompanied by a police bus parked on the fifth line opposite to the direction of the Deceased’s progress, which was driven by the vehicle, and accordingly, the Deceased called the vehicle’s key to G and moved the vehicle to the said police bus.

(2) The Deceased responded to the pulmonary survey at around 23:2 on the same day, and as a result, the blood alcohol content of the Deceased was measured at 0.165%.

On the same day, the deceased signed and sealed the report on the circumstantial statement of a drinking driver at around 23:45 on the same day, received a notice of the results of the drinking driving control from the control police officer, and left the police bus to return to the Do newsletter.

At the time, the police officers at the time completed drinking control and completed preparation to return to police office.

(3) At the Dongdong-dong, Gwangju, H was driving an Ikni vehicle with the first line among five laness in the direction of the Macheon Bus Terminal located in Gwangju, Seo-gu. However, around 23:47 on the same day, H was driving the instant road without permission at the instant control point.

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