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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The lower court reversed the first instance judgment convicting the Defendant of the instant facts charged on the ground that the instant accident does not constitute “where the instant accident violates Article 13(3) of the Road Traffic Act” under Article 3(2) proviso 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and thus constitutes a case where the prosecution procedure is null and void due to its violation of the provisions of the Act, and dismissed the instant indictment.
The judgment below
Examining the reasoning in light of the record, the lower court’s determination is justifiable.
The lower court did not err in its judgment by exceeding the bounds of free conviction in violation of logical and empirical rules, or by misapprehending the legal doctrine on traffic accidents involving central lines, contrary to what is alleged in the grounds of appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.