2016Do2105 Violation of the Special Act on the Settlement of Traffic Accidents

A person shall be appointed.

Defendant

Suwon District Court Decision 2015No5470 Decided January 15, 2016

April 28, 2016

The appeal is dismissed.

The grounds of appeal are examined.

Article 13 (3) of the "Road Traffic Act" in the former part of Article 3 (2) of the "Act on Special Cases concerning the Settlement of Traffic Accidents" means a case where traffic accidents occur due to the operation of a central line by breaking the central line, that is, the case where the operation of a central line directly causes the occurrence of a traffic accident (see, e.g., Supreme Court Decisions 91Do1319, Dec. 10, 191; 94Do1200, Jun. 28, 1994); the case where the location of the occurrence of a traffic accident does not refer to all the cases where the central line goes beyond the central line, but the occurrence of a traffic accident without any inevitable reason means the case where the central line causes a traffic accident by breaking the central line without any other appropriate measure to avoid the obstacles shown on the road lane, or the case where the driver tried to operate his/her own lane with his/her own intention to protect it, referring to the case where 98Do280, etc.

Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court is justifiable to have determined the Defendant guilty of the instant charges by deeming that the Defendant invadedd the central line without any inevitable reason, and that the Defendant’s act of intrusion upon the central line was the direct cause of the occurrence of a traffic accident, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the

The precedents cited in the grounds of appeal are different from this case, and it is not appropriate to invoke this case.

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

Justices Park Sang-ok

Justices Lee Sang-hoon

Chief Justice Kim Chang-suk -

Justices Cho Jong-hee