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(영문) 대구지방법원 2017.01.11 2016나301958
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. Basic facts

A. A. Around 00:30 on August 5, 2014, D driven an Esi (hereinafter “instant taxi”) and driven a road of four-lane (7-lane) in front of G Council members located in the Seogu Daegu Seo-gu, Daegu-gu, into three-lanes on the southwest-gu four-lane (7-lane), D collisioned with C, which crossed the said road to the right side from the left side of the road without permission (hereinafter “instant accident”), and C died of cerebral blood in around 01:11 on the same day.

B. The ordinary speed of the instant accident site is 70 km per hour. At the time of the instant accident, the lower surface was milched.

C. D was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in relation to the instant accident, and was sentenced to a suspended sentence of two years on May 12, 2015, and the said judgment became final and conclusive as it is.

(Supplementary Branch of the Daegu District Court 2015dan269). D.

C was unmarried at the time of the instant accident, and the Plaintiffs were C’ parents.

Defendant Masung-si Co., Ltd. (hereinafter “Defendant Masung-si”) is the owner of the instant taxi and the user of D, and the Federation of the Korea Passenger Transport Business Association (hereinafter “Defendant Federation”) is the mutual aid business entity for the instant taxi.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 6, 17, 18, Eul’s 1 through 5, 9, 10, 11, and heading (including branch numbers, if any; hereinafter the same shall apply)’s contents and images, and the purport of all pleadings

2. In addition to the purport of the evidence No. 9 and the entire arguments in the underlying facts at the time of the instant accident, the instant accident occurred at night and took place at a place where the speed limit is 70km per hour, and thus, in such a case, a person engaged in driving a motor vehicle is driving the motor vehicle safely by complying with the speed limit of 56km per hour, speeding 20% per hour, speeding 56km above the regulatory speed, driving the steering gear, and operating the steering gear accurately.

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