logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2012.04.12 2011도9821
도로교통법위반
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.

Reasons

The grounds of appeal are examined.

Article 25 (1) of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010; hereinafter “former Road Traffic Act”) provides that “When intending to make a right-hand through an intersection, the driver of any motor vehicle shall pass along the right-hand side of the road in advance, while driving along the right-hand side of the road,” and Article 2 (12) of the same Act provides that “an intersection means a intersection by the intersection, Tr, or two or more roads (in the case of a road divided by a sidewalk and a roadway, referring to the roadway).”

On the other hand, Article 2 subparagraph 24 of the Regulations on the Standards for Structure and Facilities of Roads (wholly amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 101 of Feb. 19, 2009) provides that "the revolving lane means a lane installed separately from a lane that is directly connected for motor vehicles to make a right-hand, left-hand, or U-turns," and Article 2 subparagraph 43 of the Rules provides that "traffic island means a facility in the shape of an island installed at an intersection or at the intersection of a roadway in order to ensure the safe and smooth flow of motor vehicles or to ensure the safety of pedestrian crossing," and Article 32 (3) of the Rules provides that "in a section crossings or connects at the parallel, a mooring facility such as a transmission lane, transmission lane, traffic island, etc. (facilities that smoothly induce the flow of a road), and matters necessary therefor shall be determined separately by the Minister of Land, Transport and Maritime Affairs."

In full view of the contents and purport of the aforementioned relevant Acts and subordinate statutes, drivers who intend to make a right-way at an intersection where traffic islands are installed and a right-hand lane is installed along the right-hand lane of the road, barring any special circumstances, shall make a right-hand along the right-hand lane of the road, and shall not make a right-hand by entering the intersection according to a right-hand lane, which is not a right-hand lane.

arrow