The prosecution of this case is dismissed.

1. The Defendant is a person driving a Glearning car.

On August 4, 2016, the Defendant driven the above car at around 13:20 on August 4, 2016, and proceeded at a speed below the speed in the city of speed from the front of the I Taekwondo box located in the Seo-gu in Gwangju, Seo-gu.

Since there are frequent traffic of ordinary vehicles in the commercial concentration area where the central line is installed, the person engaged in driving service has the duty of care to safely yield by avoiding the speed and avoiding the obstacles while keeping the right and the right on the front side well.

Nevertheless, due to the negligence of avoiding the vehicle on the right side of the road and going beyond the median line as soon as possible, the victim J(25 Do) driving jun on the left side of the K K-3 left side of the K-K-learning car, and the victim J suffered approximately two weeks of cryp cryp, etc. requiring the victim J to provide approximately two-day medical treatment, and the victim L (e.g., 25 years of age) who was on board the K-3 car, in need of the two-day medical treatment.

2. Determination

A. "When a traffic accident gets into operation in violation of the former part of Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents" refers not to the case where the point where the traffic accident occurred gets into operation in violation of the provisions of Article 13(3) of the Road Traffic Act, but to the case where a traffic accident gets into operation in the central line without any inevitable reason, the case where a traffic accident gets into operation in violation of the latter part of Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The term "the unavoidable reason here means the case where the driver does not take other appropriate measures to avoid the obstacles on the road in operation, or the driver does not have to go through the central line without any choice due to external conditions that the driver cannot control.