In order to turn to the left, if a collision accident occurs beyond the center line, whether it falls under "when the center line is invaded" under Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The term "in the event of a collision" in the proviso of Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents refers to the case where traffic accidents occur due to the scambling of the central line, and shall not include all the cases that are the points beyond the central line. Thus, if the collision occurs to turn to the left at the point of the left, it does not constitute "in the case of a collision with the central line" under subparagraph 2 of the above proviso.

Article 268 of the Criminal Act, Articles 3(1) and 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents

Defendant

Defendant

Seoul Criminal Court Decision 84No577 delivered on March 21, 1984

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

The defendant's grounds of appeal are examined.

According to the reasoning of the judgment of the court of first instance maintained by the court below, when driving a truck as stated in the judgment of the court below at the same time, location, and left-hand turn from the opening of the alleyway, the court below recognized the fact of causing bodily injury as stated in the judgment of the court of first instance, and applied Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter "Special Cases"), Article 268 of the Criminal Act to the victim, who was on the back left-hand side, by neglecting the duty of care as stated in its reasoning and neglecting the central line and neglecting the duty of care to make unfair left-hand turn.

However, Article 3 (1) of the Act on Special Cases Concerning the left-hand turn is a penal provision at the time a driver commits a crime under Article 268 of the Criminal Act, and Article 3 (2) shall not be prosecuted against the victim's express intention if the crime was committed. This provision does not apply in a case where the crime was committed due to an act falling under any of the following subparagraphs, and Article 11-2 (2) 2 of the Road Traffic Act provides that the defendant's act of entering the central line of the road where the line is installed or the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-off is not applicable to the case where the defendant violated the provisions of Article 3 (2) proviso and (1) of the Act and if it is evident that the defendant's act constitutes a violation of the provisions of this case.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jong-young (Presiding Justice)