1. The facts charged by the court below found guilty are as follows.

Around 12:50 on March 2, 1997, the Defendant 2: (a) driven a taxi from 2:10 to 2:15 in Bosung-gun, to which they belong, had two-lanes of speed 70 km from the scambling surface to the scambing surface; (b) on the front side of the Defendant’s running route, the truck was running along the two-lanes of speed 70 km; and (c) on the other hand, the scam x car is driving on the same line as the victim Kim Sung-young driving at 1537 amb. In such a case, the driver was negligent in performing his duty of care to ensure safe treatment of the two-day lanes; and (d) the driver did not work on the same way as the victim’s vehicle at the same time without driving direction, and had the driver take measures to avoid collision with the victim’s scambling level on the same side as the victim’s vehicle at the same five-day.

2. However, it is difficult to accept the disposition that the court below found guilty of the above crime.

According to the reasoning of the judgment below and the record, the point of the accident of this case is right-hand 70 km at the time of the accident of this case. The defendant is driving the vehicle of this case at a speed of two lanes on the two-lane road at the time of the accident of this case, and the above Kim Sung-young was driving the vehicle of this case at the time of the accident of this case within the limit of the two-lane. The above Kim Sung-young continued to drive the vehicle of this case after driving the vehicle of this case beyond the limit of the one-lane road at the front side of the defendant's right-hand side of the vehicle of this case and continued to pass the vehicle of this case after passing the vehicle of this case at the same speed and going to the left side of the defendant's left side while driving the vehicle of this case at the same speed as the vehicle of this case is close to the one-lane road of this case by the defendant's vehicle of this case.

In general, in order to recognize that a driver who drives along his/her own lane on the road has been negligent in violating his/her duty of care in relation to another vehicle driving along another vehicle on the road, the fact that the driver drivens at a speed or in a manner that may cause danger or impediment to other persons operating another vehicle on the road and traffic conditions should be recognized, and the mere fact that the driver drivens at a location close to another vehicle on the road beyond the center of his/her own driving lane on the road cannot be said to have been negligent in violating his/her duty of care in relation to the vehicle following another vehicle on the road.

However, even according to the facts charged, the defendant does not go beyond his own lane and the defendant driving a vehicle close to one lane at the time of the accident in this case. As such, it should be recognized that the defendant could have predicted that he could cause any danger or obstacle to the above Kim Sung-young, which he moved at the first lane in the after one lane of the defendant by driving in close vicinity of the same lane in this case. However, there is a negligence on the part of the defendant's duty of care in his duty of care. However, even if the record is examined, there is no sufficient evidence to recognize it. Thus, the defendant's act of driving a vehicle close to the above Kim Young-young in the first lane without clarifying what danger or obstacle to the above Kim Young-young, and therefore, it cannot be said that there is a negligence on the part of the defendant's duty of care in breach of duty of care. Therefore, the court below erred by misapprehending the legal principles on the duty of care in the course of his duty of care or affecting the conclusion of the judgment.

3. Therefore, without further proceeding to decide on the grounds of appeal as to the escape after traffic accident, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices

Justices Kim Jong-sik (Presiding Justice)