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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the instant traffic accident occurred due to the collision of the two-wheeled vehicles (hereinafter “Defendant’s driving vehicles”) of the Defendant’s driving of the two-wheeled vehicles (hereinafter “Defendant’s driving”) with the median line while driving the vehicle under the speed of the D driving.
2. Determination
A. Article 26(2) of the Road Traffic Act provides, “The driver of a vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall slowly drive the motor vehicle if the width of the intersection is wider than that of the road where the motor vehicle is traveling, and if there is another motor vehicle who intends to drive a motor vehicle into the intersection where the width is wider than that of the road where the vehicle is traveling, the driver shall yield the way to
Therefore, when a vehicle intends to enter an intersection where traffic control is not performed on a narrow road, it shall first proceed along the road in which the width is wider, and if there is such a vehicle, it shall yield the course to the vehicle, and even if it arrives first at the intersection and is possible to enter the intersection in time, it shall not pass ahead of the vehicle which intends to enter the intersection in which the width is wider.
(See Supreme Court Decision 93Da1466 delivered on November 26, 1993, Supreme Court Decision 94Do1442 delivered on December 13, 1994, Supreme Court Decision 97Da39537 delivered on April 10, 1998, etc.). In addition, on the ground that a traffic accident does not result from a prior fault of a defendant, but from a concurrent occurrence of the victim’s negligence, Defendant cannot be exempted from liability for such traffic accident.
(See Supreme Court Decision 2007Do1974 Decided June 28, 2007, and Supreme Court Decision 2008Do883 Decided March 27, 2008, etc.). B.
However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the instant case at the time of the instant traffic accident.