The meaning of "when the center line of the road is invaded" in which a lane prescribed in Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents is installed.

When the traffic accident occurred due to the operation of the center line in violation of the Road Traffic Act in violation of the provisions of the former part of subparagraph 2 of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is an exception to punishment which cannot be prosecuted against the express intent of the victim under paragraph (2) of the same Article, refers to the case where the traffic accident occurred due to the operation of the center line, and the place of the traffic accident does not include all cases where the center

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

Supreme Court Decision 84Do193 Delivered on March 27, 1984

Defendant

Prosecutor

Suwon District Court Decision 84No909 delivered on November 9, 1984

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below held that the accident in this case is not due to the defendant's operation beyond the central line and it does not include all the cases where the traffic accident occurred due to the operation of the central line or the place of the traffic accident is the point beyond the central line. Since the accident in this case is not due to the defendant's operation beyond the central line, it is not due to the defendant's normal operation along the right-hand line, and the vehicle in this case was driven by the defendant's normal operation with the right-hand line, and the body of the vehicle in this case was driven by the central line, and the vehicle was driven by the defendant's normal operation with the upper right-hand line while the vehicle was driven by the central line, and it was caused by the accident of the 6 person of the opposite vehicle in this case, and it did not constitute a violation of the proviso of Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents. The judgment of the court below is just and acceptable by examining the records.

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

Justices Kim Jong-sik (Presiding Justice)