1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On September 3, 2016, the Plaintiff concluded a comprehensive automobile insurance contract with C and D vehicles.

B. Around 04:00 on January 8, 2017, the Defendant, a child of C, driven the above vehicle and caused an accident in which the roadside trees were flowed while driving on the one-lane road in the Seogyeong-gu, Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant accident”).

C. After the occurrence of the instant accident, the Defendant entered the said vehicle into the maintenance business entity, and received medical treatment at the emergency department of the E Hospital at around 05:39 on the same day, and then, at around 11:52, known the Plaintiff of the instant accident.

On March 22, 2017, the Plaintiff paid KRW 1,054,00 as the insurance money for the instant accident, and KRW 4,800,000 as the insurance money for the self-motor vehicle damage on May 19, 2017.

(However, 230,000 won was recovered due to the sale of remaining objects). E

The main contents of the terms and conditions applicable to the above General Automobile Insurance Contract (hereinafter “instant terms and conditions”) are as follows. According to Article 44(4) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same), the standards for drinking driving are as follows:

9. Driving under the influence of alcohol: He/she shall not drive under the influence of alcohol as prescribed by the Road Traffic Act, or refuse to comply with a measurement of alcohol;

Article 11 (Charge for Accident Related to Driving or Unlicensed Driving) ① In case the insured person himself pays insurance proceeds from personal injury I, personal injury II or personal injury as determined by the following, in accordance with the explicit and implied approval of the insured person, in case the driver of an insured motor vehicle under the influence of drinking, driving without obtaining a license, or driving without obtaining a license, due to an accident that occurs while the driver of the insured motor vehicle under the influence of drinking, driving without a license, or driving without a license.

1. Driving under the influence of alcohol;