교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (definite assertion) is that the accident site in this case did not have a central line at the time of the accident, or it was difficult to distinguish it, and thus the Defendant’s act does not constitute a case where the Defendant’s act invadeds the central line under the former part of Article 3(2) proviso of the Act on Special Cases Concerning
2. Determination
A. In a case where a section that is difficult to recognize the central line because the central line installed on the road is worn out, continues to be a substantial section, and where the central line is unable to be identified, it shall not be deemed a valid central line. However, even if the central line is partially finished, if it is possible to recognize that the central line is continuously installed with the neighboring central line, it shall be deemed a valid central line, and it shall not be deemed that the central line has not been installed.
The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the accident site of this case on the road of the Suhovab in the middle of the Mansan-gun in the middle of the Mansan-gun, the Defendant was driving ahead of the Manbbro in the middle of the two-lane, and the damaged vehicle was driving ahead of the opposite in the middle of the two-lane, but the accident of this case occurred due to the negligence of the Defendant driving out of the opposite lane and the damaged vehicle on the opposite opposite lane, ② Article 14(1) of the Road Traffic Act, Article 15(1) of the Enforcement Rule of the same Act, and [Attachment 6] of the Enforcement Rule of the same Act.
5. On the surface display, a median line is required to be installed on a road with a width of not less than 6 meters. The road that passed the instant accident site is obvious that the width of the roadway is not less than 6 meters, and ③ the instant accident site is a red drum-prevention package on the asphalt at one lane and the asphalt at one lane of the stroker, but the vehicle at the instant accident site was a red drum-prevention package.