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(영문) 대전지방법원 2014.06.26 2013노3075
교통사고처리특례법위반
Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the misunderstanding of facts or misapprehension of legal principles, and the Enforcement Rules of the Road Traffic Act, the term “median line” is limited to the “sule yellow solid line” or “sule yellow domin line,” and thus, the Defendant’s “White domin line” indicating the permissible section of the U.S. P.C. at the time of

Even if the “White Point” is considered as the center line, the Defendant confirmed the signal permissible to the U.S., and performed a U.S. internship in the U.S. permitted section. However, since the vehicles illegally parked on the opposite lane lack the U.S. space and led to the instant accident, it cannot be deemed that the Defendant invaded the central line directly due to the instant accident.

The injury suffered by the victims due to the instant accident is extremely minor, and thus does not constitute a legal injury.

The sentence of the court below's decision on unfair sentencing (the fine of 500,000 won) is too unreasonable.

Judgment

As to the assertion of misunderstanding of facts or misapprehension of legal principles, Article 2 subparag. 5 of the Road Traffic Act defines “the term “the term “catch line” to be included in the median line under the Road Traffic Act and subordinate statutes” as “the line indicated with safety signs, such as yellow solid lines or yellow domin lines, or facilities installed with medians or fences, etc., in order to clearly distinguish the direction of passage of vehicles and horses.” Article 13(3) of the Road Traffic Act stipulates that the direction of passage of vehicles and horses is determined based on the median line by stipulating that “the driver of a vehicle and horses must pass along the upper right side of

In full view of the contents of these provisions, the term “median line” under the Road Traffic Act and subordinate statutes is interpreted as the “line or facility, which is indicated with safety signs on the road to clearly distinguish the direction of passage of vehicles and horses, and is obliged for drivers of vehicles and horses to pass along the right side.”

. Road Traffic Act;

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