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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant attempted to operate the two lanes that are one’s own lanes. However, the Defendant was merely driving the median line due to external conditions (such as ice not visible on the road due to galking or a defect in the vehicle itself or due to any other cause not known to the Defendant) that the Defendant could not control, and it is difficult to view it as falling under the median line as stipulated in Article 3(2) proviso 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents. 2) The Defendant’s vehicle stops on the two lanes and calls for signal while waiting for signal, and the Defendant’s vehicle is moving to the front line and the front line of the damaged vehicle. As such, the Defendant was not negligent in the occurrence of the instant traffic accident.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misunderstanding of legal principles, the argument that the traffic accident in this case is not an accident on the median line under the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents is not a case where the point where the traffic accident occurred, but a case where the traffic accident occurred by the course of the road where the median line is installed, under the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, means the case where the traffic accident occurred without any inevitable reason, not a case where the point where the traffic accident occurred exceeds the median line, but a case where the traffic accident causes the traffic accident by the course of the center line without any inevitable reason. The "inevitable reason" in
A driver shall be a driver in the course of the Central Line itself, such as he or she tried to operate his or her vehicle in compliance with his or her own lane, but he or she inevitably intrudes the Central Line due to external conditions that cannot be controlled by the driver.