Whether it constitutes “the case where the center line of a road is invaded” as stipulated in Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents Article 3(2) proviso 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents that the bus prior to a stop and stops.

If the center line indicated at the point of accident was a yellow solid line indicating that the vehicle cannot pass through, even if the previous bus stops and stops, it is a place where the vehicle cannot be operated by breaking the center line in order to avoid damage prior to this, so the so-called violating the proviso of Article 3(2)2 of the former Act on Special Cases Concerning the Settlement of Traffic Accidents constitutes a case where the center line of the road where the vehicle line is installed in violation of the provisions of Article 11-2(2) of the Road Traffic Act.

Article 3 (2) 2 of the former Act on Special Cases concerning the Settlement of Traffic Accidents

Defendant

Defendant

Cheongju District Court Decision 85No51 delivered on May 10, 1985

The appeal is dismissed.

We examine the Defendant’s grounds of appeal.

The grounds of appeal are as follows: even if the accident point of this case is a zone where overtaking is prohibited, the defendant was invaded by the median line to prevent the bus prior to it from passing and overtakeing it; thus, the defendant's so-called "the defendant does not constitute the case where the center line of the road where the lane is installed is invaded in violation of the provisions of Article 11-2 (2) of the Road Traffic Act (amended by Act No. 84.8.4, Aug. 4, 84) as stipulated in Article 11-2 (2) of the Road Traffic Act.

However, the Road Traffic Act (amended by Presidential Decree No. 84.8.4) provides that when vehicles and horses pass along a road where no lane is installed, they may pass along the left-hand side of the road in certain cases (Article 11(4) of the Road Traffic Act), but except when the Seoul Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor separately designates the passing method, the vehicle shall pass along the lane (Article 11-2(2) of the Road Traffic Act) except when the Seoul Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor otherwise designates the passing method (Article 11-2(2) of the Road Traffic Act), and the median line is a road sign indicating the centralized appointment of the road pursuant to Article 11-2 of the Road Traffic Act, which indicates that the yellow light line cannot pass through the vehicle (Article 10, No. 1601 of the Enforcement Rule of the Road Traffic Act). Thus, it is clear that the central line indicated at the accident points in this case is a yellow yellow line installed in violation of the proviso of Article 12 of the Road Traffic Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju