도로교통법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Tractor and Tracler driven by the Defendant cannot move bypassing only the two-lanes of the two-lane road in structure, and it inevitably led to bypassing over the one-lane road, so the Defendant did not violate the method of passage along the intersection as provided by the Road Traffic Act.
2. Determination
A. In full view of the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
① The Defendant turned on on and off a track connected with approximately 16.5 meters of the total length, left from the parking lot, and entered a road which is one-lane left, and the road became two-lanes.
② The Defendant tried to make a right-hand turn to a road linked to the right-hand angle direction at the intersection located on the right-hand side. The two-lane width is about 2.9 meters prior to the right-hand side and the right-hand side is short so if the right-hand side of the intersection is turned back by using only two-lanes, the length of the vehicle and the right-hand side is bound to exceed the median line immediately after the right-hand turn. As such, the Defendant proceeded along the right-hand and left-hand side.
(3) AD driving a damaged vehicle shall yield the course to the accused from the parking lot and proceed along the two-lanes in order to make a right-hand turn to the right-hand turn at the above intersection, and the accused vehicle shall turn to the left at the same lane.
④ 피고인은 1차로를 40미터 정도 진행하여 이 사건 교차로에서 양쪽 점멸등을 켠 채 2차로를 가로질러 우회전하다가 이를 본 D이 정지하면서 울린 경음기 소리를 듣고 급하게 정지하였지만, 트레일러의 오른 면 뒤쪽 부분과 피해차량의 왼 면 앞쪽 부분이 서로 부딪쳤다.
(b) Where a driver of any motor vehicle intends to make a right-hand side at the intersection, he/she shall proceed slowly to the right-hand side of the road in advance;
(Article 25 (1) of the Road Traffic Act). The defendant was not bypass to the right edge, and only by the right edge of the road.