Whether there is a duty of care to prevent collision in advance by predicting that a vehicle will enter the vehicle beyond the median line.

In the absence of any circumstance that the vehicle operating the opposite lane beyond the median line is anticipated to be ducks, it cannot be said that the driver has a duty of care to drive the vehicle with an occupational duty of care to be equipped by preparing an attitude to prevent the collision in advance, such as by predicting the vehicle operating the opposite lane beyond the median line to a driver who operates the opposite lane on the side of the round-down four lanes along which the median line is marked.

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

Defendant

Prosecutor

Suwon District Court Decision 86No316 delivered on February 26, 1987

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the reasoning of the judgment of the court below and the judgment of the court of first instance maintained by the court below, since the defendant who operated the truck of this case was negligent in driving the truck of Jeonju and found the taxi late near the boundary line and did not cause any damage, the court below did not err by misapprehending the legal principles on the defendant's operation of the truck of this case beyond the duty of care to see that the defendant's vehicle was in violation of the law, such as interference with witness of the court of first instance, sweak, sweak, Park Young-dong's statements at the prosecution, sweak, sweak-dong's statements at the police station, and sweak, sweak-dong's statements at the police station, and the traffic accident analysis report, which caused the traffic accident of this case, and thus, the court below did not err by misapprehending the legal principles on the defendant's operation of the truck of this case, or by misunderstanding the legal principles on the defendant's operation of the truck of this case to 70 meters away from the central level of the accident.

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

Justices Yellow-ray (Presiding Justice)