The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Inasmuch as Defendant’s central act of intrusion directly caused a traffic accident, this case’s traffic accident constitutes “when Defendant intrudes the central line in violation of Article 13(3) of the Road Traffic Act” as provided in the former part of Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

Therefore, the judgment of the court below which acquitted part of the reasons on the ground that the traffic accident in this case was not a central crime.

2. The term "in the event of a traffic accident" refers to the case where the traffic accident is caused by the act of driving a motor vehicle by breaking the center line of a road, that is, the act of a traffic accident directly causing the occurrence of a traffic accident. Thus, if the act of a traffic accident is not the direct cause of the occurrence of a traffic accident, the traffic accident is not included in the case where the traffic accident occurred during the course of the operation of the center line.

(See Supreme Court Decision 2005Do5010 Decided September 15, 2005, and Supreme Court Decision 2015Da225233 Decided December 23, 2015, etc.). According to the evidence duly adopted and examined by the court of the lower court, the Defendant driven a taxi and proceeded along the three-lane road at the center of the road, where the safety zone is installed, depending on the one-lane road as stated in its reasoning, and the Defendant tried to turn to the right or the left-hand left-hand turn. The Defendant entered the safety zone at a remote distance where the left-hand turn is prohibited, and the right-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on of the victim in the course of the Defendant’s proceeding. Ultimately, it can be recognized that the traffic accident conflicts between the front part of the off-road and the Defendant’s left-hand side of the taxi.

Examining these facts in light of the legal principles as seen earlier, even if the Defendant’s entry into the central line’s safety place constitutes a central crime of invasion.

Even if the traffic accident of this case is illegal, the defendant shall turn to the left.