The duty of care of the driver of the vehicle in front of an accident caused by the overtaking of the vehicle.

In the same direction, even if the driver's license passed by a motor vehicle driving on the right side of the motor vehicle with trust that the latter motor vehicle will proceed in compliance with traffic regulations, and even if the driver's license passed by a motor vehicle, it cannot be deemed that the driver's license holder has a duty of care to prevent accidents that may be caused by the motor vehicle's reckless overtaking, by taking into account the situation of the vehicle's operation at the later side, even though he/she is responsible for violating the provisions of Article 11 of the former Road Traffic Act (Act No. 941 of Dec. 31, 612).

Article 268 of the Criminal Act, Article 11 of the Road Traffic Act

Prosecutor

Incheon support of the first instance court, Seoul Criminal District Court Decision 68No2465 delivered on December 3, 1969

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

The court below, based on evidence, shall load cargo on the truck at the Mandomb in Incheon City, and 20 a speed of 20

The Co-Defendant 1, who was under the duty of care to prevent the accident of the vehicle running on the right side of the road by checking the speed of the same truck with the speed of 1st century, was driving the vehicle, so that she could not overtake the vehicle, and even if he is under the duty of care to prevent the accident of the vehicle running on the right side of the road, she could not overtake the vehicle, and even if she is under the duty of care to prevent the accident of the vehicle running on the right side, she could not overtake the vehicle by driving the vehicle without the duty of care to prevent the accident of the non-indicted 1, who was under the duty of care to prevent the accident of the non-indicted 2, by going against the duty of care to prevent the accident of the non-indicted 1, who was under the duty of care of the non-indicted 1, and by going against the duty of care of the non-indicted 1, who was under the duty of care to prevent the accident of the non-indicted 2, who was under the duty of care of the non-indicted 1, by going on the right side of the vehicle.

The issue is the opposing opinion that the defendant is competing with his negligence when he cannot be held responsible for the result of the accident.

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

Justices of the Supreme Court (Presiding Judge) Kim Young-chul Kim Young-ho (Presiding Judge)