The case holding that there is no duty of care to expect drivers of motor vehicles running along the five-lane road along the new lane to drive the five-lane road toward the right side of the road, even if they drive the five-lane road toward the right side of the road, in order to move to the right side of the road.

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act

Supreme Court Decision 97Da35894 delivered on February 10, 1998 (Gong1998Sang, 683) Supreme Court Decision 2000Da12068 Delivered on September 5, 200 (Gong2000Ha, 2056) Supreme Court Decision 2003Da3607, 3614 Delivered on April 11, 2003 (Gong2003Sang, 1176)

Defendant

Prosecutor

Attorney Park Hun-hoon

Daegu District Court Decision 2006No1777 Decided November 29, 2006

The appeal is dismissed.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acquitted the defendant on the ground that the defendant, who has driven the five-lane road along a new line, was not guilty on the ground that he did not have a duty of care to predict the five-lane road in the case where the victim drives the five-lane road toward the right side of the five-lane road along a fire-fighting road connected to the right side of the five-lane road, and there is no other evidence that there is a violation of the duty of care that may cause the accident of this case. In light of the records, the above judgment of the court below is just and there is no error of law such as violation of the rules of evidence or misapprehension of legal principles as alleged in the ground of appeal.

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

Justices Yang Sung-tae (Presiding Justice)