The defendant's appeal is dismissed.

1. Summary of grounds for appeal: misunderstanding of legal principles and unreasonable sentencing

A. The main point of the misapprehension of the legal principles is that the instant traffic accident is not caused by the Defendant’s invasion of the central line and driving a vehicle, but caused by the Defendant’s unauthorized crossing of the road in the space between the bus and the bus in which the Defendant was driving.

Therefore, since the instant traffic accident did not directly cause the Defendant’s central crime, it does not constitute the former part of Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

B. The judgment of the court below on the summary of the allegation of unfair sentencing (2,00,000 won of fine) is too unreasonable.

2. Determination

A. The center line of the road where the judgment of the Defendant’s misapprehension of the legal doctrine is installed is not different from the boundary line connected by the vehicle line operated in the opposite direction, and thus, the driver operating the vehicle in the opposite line is trusted that the vehicle in the opposite line does not enter beyond the boundary line, barring special circumstances. Thus, if the vehicle in the opposite line caused an accident by intentionally driving the vehicle in violation of the trust of the vehicle operator operating the vehicle in the opposite line beyond the center line, which is the said boundary line, even though there is no inevitable reason, it constitutes an exception to special punishment under Article 3(2)2 of the Act.

(Supreme Court Decision 95Do512 delivered on May 12, 1995). The purpose of the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 13(3) of the Road Traffic Act is not simply to prevent any collision between a motor vehicle that intrudes on the central line and a motor vehicle that operates the opposite line, but to prevent any danger to road traffic caused by the median line in general. Such danger is clearly the central line for the purpose of overtaking a motor vehicle.