교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (legal scenarios) the Defendant left to the left from the point where the left-hand turn is permitted to turn to the left, and the instant traffic accident constitutes a traffic accident on the ground that the instant traffic accident was directly caused by the instant traffic accident.
Nevertheless, the judgment of the court below which judged otherwise is erroneous in the misapprehension of legal principles.
2. The accidents involving the Central Line under the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Reasons for Appeal refer to the cases in which traffic accidents have occurred due to driving a motor vehicle by breaking the median line of the road, that is, the cases in which the act of intrusion by the Central Line directly causes a traffic accident. If the act of intrusion by the Central Line is not the direct cause of the occurrence of a traffic accident, it does not include the cases in which the traffic accident occurred during the operation of the Central Line.
(See Supreme Court Decision 94Do1200 delivered on June 28, 1994). According to the evidence duly adopted and examined by the court below, in order for the defendant to turn to the left, the fact that the victim’s stobba that was going to go to the opposite road while the defendant was going to turn to the right at the intersection over approximately eight meters prior to the intersection and going to the right after going to the right at the intersection is recognized.
다만, 이 사건 기록에 의하여 인정되는 다음과 같은 사정들, 즉 ① 이 사건 교차로는 신호기가 없는 “ㅓ”형에 가까운 교차로로서, 중앙선이 끊어져 있어 피고인이 진행한 방향에서 좌회전이 허용된 지점인 점, ② 피고인은 좌회전이 허용된 이 사건 교차로 약 8m 후방에서부터 황색실선이 그어져 있는 중앙선을 넘어가 좌회전을 시도하였으나, 피고인 진행차로 정지선으로부터 수 m 떨어진 이 사건 교차로 내의 피고인 진행의 반대방향 차선 지점에서 이 사건 교통사고가 발생한 점, ③ 일반적인 중앙선 침범 사고와 이...