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Main Issues
Priority of traffic through the intersection and the principle of trust;
Summary of Judgment
In general, a driver of a vehicle with a priority in traffic by operating a wide road is driving at the intersection by trusting that vehicles of a narrow road will take appropriate action in compliance with traffic regulations. Therefore, it is difficult to expect in advance that a vehicle that proceeds from a narrow road will continue to enter the road without a stop and take measures to stop the vehicle.
[Reference Provisions]
Article 268 of the Criminal Act
Reference Cases
Supreme Court Decision 71Do1401 Delivered on December 26, 1972
Supreme Court Decision 73Do2236 delivered on October 10, 1973
Escopics
Defendant
upper and high-ranking persons
Prosecutor
original decision
Cheongju District Court Decision 75No448 delivered on July 14, 1976
Text
The appeal is dismissed.
Reasons
Judgment on the Prosecutor's Grounds of Appeal
According to the reasoning of the judgment, the court below found that the defendant had no duty of care for entering the road on the 1975.7.9 road because it was just for the defendant to enter the road, and that the defendant had no such duty of care for entering the road on the premise that the defendant would not have entered the road on the 000 north-gun Road, and that the defendant would not have entered the road on the 400-day road, and that the defendant would not have entered the road on the 40-day road because the defendant would not have any such duty of care for entering the road, and that the defendant would not have entered the road on the 4-day road because the defendant would not have any such duty of care for entering the road on the 30-meter road, the court below found that the defendant would not have entered the road on the 1-meter road, and that the defendant would not have any other duty of care for entering the road on the 1-meter road, and that the defendant would not have any other duty of care for entering the road on the 20-meter road.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Han-jin (Presiding Justice)