교통사고처리특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The judgment below dismissed the public prosecution of this case pursuant to the main sentence of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents on the ground that the traffic accident of this case was not a central crime under Article 3(2) proviso 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Act”), even though the Defendant’s central crime of intrusion was a direct cause for the occurrence of the traffic accident of this case, on the ground that the Defendant’s vehicle was subscribed to a comprehensive motor vehicle insurance policy.
2. Determination
A. The center line of a road along which a lane is installed is not located along the boundary line connected by the lane operated in the opposite direction, and thus, the driver of the vehicle in the opposite direction is trusted that the vehicle in the opposite line does not enter beyond the boundary line, barring special circumstances. Thus, if the vehicle in the opposite line intentionally causes an accident by operating the vehicle in violation of the trust and trust of the operator of the vehicle in the opposite line, even though there is no inevitable reason, it constitutes an exception to special punishment under Article 3(2) proviso 2 of the Act.
(Supreme Court Decisions 88Do1678 delivered on April 11, 1989; 95Do512 delivered on May 12, 1995, etc.): Provided, That in a case where a traffic accident occurred due to an act of driving a motor vehicle while driving a motor vehicle in violation of the provisions of Article 13(3) of the Road Traffic Act in the former part of Article 3(2) proviso of the Act, the term "in a case where a traffic accident occurred due to an act of driving a motor vehicle by breaking the central line in light of the legislative intent of the Act."
If the act of the central crime is not the direct cause of the occurrence of the traffic accident, the traffic accident occurred during the operation of the central crime, and it is not included in all.
(Supreme Court Decision 90Do2000 delivered on January 11, 1991). B
The court below duly adopted.