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(영문) 대전지방법원 2020.08.19 2019노1729
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fines are imposed by the Defendants.

Reasons

The summary of the grounds for appeal (the factual error, misunderstanding of legal principles) is that traffic accidents listed in the facts charged in this case (hereinafter “traffic accidents in this case”) occurred by the Defendants with the center line of yellow-ray, and such acts of intrusion with the center line are sufficiently recognized as direct causes of the traffic accidents in this case. However, the judgment of the court below which acquitted the Defendants of the facts, or misunderstanding of legal principles, thereby affecting the conclusion of the judgment.

2. For the purpose of Article 3 (2) (proviso) (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Grounds for Appeal, the term “an act of breaking the median line of the road along which the median line is installed” means an act of intrusion on the median line without taking other appropriate measures to avoid obstacles on the other side;

Inasmuch as an act of intrusion on the central line constitutes a direct cause of a traffic accident, the place of the accident must be the opposite line beyond the central line, or the damaged vehicle should be the vehicle only if the damaged vehicle is a vehicle with the opposite line, inasmuch as the accident occurred, the place of the accident should be the opposite line, or the accident should be the vehicle with the opposite line, even though the driver was trying to operate his/her own vehicle, due to external circumstances that cannot be controlled by the driver.

(see, e.g., Supreme Court Decision 90Do536, Sept. 25, 1990). The point at which the instant accident occurred is one-lane road, with the center line of yellow solid lines, making a left-hand turn beyond the center line of yellow solid lines; however, it is prohibited to overtake a prior vehicle beyond the center line of yellow solid lines.

(see, e.g., Supreme Court Decisions 97Do927, Jul. 25, 1997; 85Do1264, Sept. 10, 1985). Nevertheless, in order for Defendant B to make a left-hand turn, Defendant A committed an attack at the center of each yellow-down line in order to overtake the vehicles of Defendant B, which came slowly from the front side to turn to the left.

. The above.

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