도로교통법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual error or misapprehension of the legal principle) of the instant traffic accident is not caused by the fault of the defendant, since it was caused by the victim while bypassing the lane rapidly.
2. Determination
A. (1) According to the evidence duly adopted and examined by the court below, the following circumstances are acknowledged. (A) At the time of the instant traffic accident, the damaged vehicle is naturally connected to the intersection of the front line, since the three-lanes in front of the benefiting and Tri-dong located in Daejeon-dong-dong-dong-dong-gu, the three-lanes in front of the Sungnam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter referred to as the “intersections”). After passing through the intersection, the three-lanes in front of the intersection have decreased to three-lanes.
Therefore, the damaged vehicle was going through a two-lane after passing through the intersection, while the defendant was driving the off-road to four-lanes from the entry into the intersection to the intersection, leaving the intersection as is, and proceeding to three-lanes after passing through the intersection.
B) Meanwhile, the four-lane that the Defendant had proceeded before entering the said intersection was a designated road marked on the surface to make a right passage through the intersection, and the Defendant has a duty to follow the road surface marking (the sign informing the road users of various cautions, regulations, instructions, etc. on the surface to ensure the safety of road traffic) in accordance with Article 5(1) of the Road Traffic Act and Article 8 of the Enforcement Rule of the same Act, but the Defendant violated this obligation and passed the intersection at the intersection, thereby passing through the crosswalk (the width is about 6.7m) immediately after the passage of the intersection, and around 5.2m from the crosswalk. The damaged vehicle passes through the intersection and passes the crosswalk.