The prosecutor's appeal is dismissed.

1. The decision of the court below which dismissed the public prosecution of this case by recognizing that there is an inevitable reason that the defendant invadeds the central line, even though it is impossible to confirm the vehicle parked on the side at the time of the accident in this case.

2. Determination

A. On August 25, 2014, at around 21:30 on August 25, 2014, the Defendant: (a) driven a CA car, and driven a road front of the Marshall-ROM, which is located in Daejeon U.S. on the street, toward the direction of the No.S. class; and (b) the Defendant proceeded at a speed of about 20-30K at the speed of her speed, toward the direction of the No.S. conference.

Since there is a center line with a yellow solid line, in such a case, the driver of the motor vehicle has a duty of care to live well on the right and the right of the front line and to safely proceed with it.

Nevertheless, the defendant neglected this and avoided the vehicles parked on the right side of the road in the direction of the proceeding, and conflict with the victim D(51) driving on the right side of the E-vehicle driving on the right side of the vehicle of the defendant to the upper side of the vehicle of the victim D(51) driving on the opposite direction.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

B. The lower court’s judgment: (a) According to Article 13(3) of the Road Traffic Act, a driver shall pass along the right-hand side of the median line; (b) pursuant to Article 13(4)2 of the same Act, a driver may pass through the center or the left-hand side of the road, notwithstanding paragraph (3), where it is impossible to pass through the right-hand side of the road due to the destruction of the road, road construction, or other obstacles; and (c) pursuant to the former part of Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, a driver may pass through the center line of the road along which the