Whether it can be seen as the operation by the vehicle line to go beyond the center line of yellow ray while looking at the opposite line to avoid an obstacle (affirmative)

In the case of the center line marked with yellow point line, it is necessary to pass beyond the center line as the objective conditions at the time of operation should damage obstacles due to the nature of the vehicle line, and the passing beyond the center line is deemed to constitute the operation according to the vehicle line under Article 13(2) of the Road Traffic Act.

Article 13 (2) of the Road Traffic Act, and attached Table 1-6 of the Enforcement Rule of the Road Traffic Act

Supreme Court Decision 86Do2597 Decided July 7, 1987

Defendant

Prosecutor

Daegu District Court Decision 88No1835 delivered on June 8, 1989

The appeal is dismissed.

We examine the grounds of appeal.

According to Article 13(2) of the Road Traffic Act, Article 10(1)6(6) of the Enforcement Rule of the Road Traffic Act, and Article 601(c) of the Enforcement Rule of the Road Traffic Act, the central line is divided into yellow solid lines, yellow doer lines, yellow doer lines, and yellow doer lines. In the case of the central line marked with yellow doer lines, the central line is deemed to fall under the operation following the lane under Article 13(2) of the Road Traffic Act if it is necessary to pass beyond the central line because the objective conditions at the time of operation should damage obstacles due to the nature of the vehicle line, and if it goes beyond the central line, it is necessary to pay attention to the traffic of the opposite direction, and if it goes beyond the central line, it is without merit in the above determination of the court below to find that there is no error of law in the misapprehension of the legal principles as seen above.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Yong-dong (Presiding Justice)