The meaning of "the case where the width of the intersection is wider than that of the road on which the vehicle passes" as provided in Article 22 (6) of the Road Traffic Act.

Article 22 (6) of the Road Traffic Act provides that "All vehicles intending to enter an intersection where traffic is not controlled, shall slow down if the width of the intersection is wider than that of the road where the vehicle is passing, and if there are other vehicles intending to enter the intersection from the road where the width is wider, they shall yield the course to the said other vehicles." As such, whether or not the width of the intersection is wider than that of the road where their own vehicles pass is determined by the priority order, it is necessary to strictly interpret and apply it. On the other hand, when the vehicle passes through the intersection, it is necessary to strictly interpret and apply it because it is an important factor to determine the priority order of passage. In light of the fact that it is unreasonable to uniformly determine the width of the intersection by comparing it with the road where the width of the intersection is wider than that of the road where the vehicle is passing through the intersection immediately, it is difficult to identify immediately, and in view of the fact that it is considerably more objectively determined by the comparison of the two road where the driver of the said vehicle is crossing than that of the road."

Article 22 (6) of the Road Traffic Act

[Plaintiff-Appellant] Plaintiff 1 and 2 others (Law Firm Han-sung, Attorneys Lee Jong-soo and 2 others, Counsel for plaintiff-appellant)

Korean Federation of Passenger Transport Business (Law Office in Daejeon, Attorney Han Won-hoon, Counsel for the plaintiff-appellant)

above (Attorney Park Jae-soo, Counsel for the defendant-appellant)

Daejeon High Court Decision 95Na6432 delivered on February 20, 1997

The part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the Daejeon High Court.

As to the Grounds of Appeal

1. According to the reasoning of the judgment below, the defendant should have been negligent in entering the above intersection on September 7, 193 by driving the private taxi of 3860, Daejeon, on behalf of the non-party, and the non-party's non-party 2 should have been negligent in driving at the 0th of the above 7th of the 7th of the 3rd of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 193rd of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 1st of the 3rd of the 3rd of the 4th of the 3rd of the road.

2. Article 22(6) of the Road Traffic Act provides that "All vehicles intending to enter an intersection where traffic is not controlled, shall slow down if the width of the intersection is wider than that of the road where the vehicle is passing, and if there are other vehicles intending to enter the intersection from the road where the width is wider, they shall yield the path to the vehicle." As such, whether the width of the intersection is wider than that of the road where the vehicle is passing, is an important factor for determining the priority of passage, and it is necessary to strictly interpret and apply it. On the other hand, when the vehicle passes through the intersection and the road where the crossing is narrow, if it is difficult to identify immediately one side due to visual angle, etc., and thus, it is unreasonable to uniformly determine the width of the intersection by comparing the two roads under the situation of stop."

According to the facts and records of the decision of the court below, the actual width of the road on which the defendant driver's vehicle is running is 9.5m and the width of the road on which the non-party driver's vehicle is driving is 1.5m, and the width of both roads is 1.5m. However, the two roads are 1.5m different each other, but all of the above two roads are the center of the Busan Metropolitan City, Daejeon Metropolitan City and Daejeon Metropolitan City, and there is a distinction between the three-lane vehicular lines and the sidewalk. Thus, it is difficult to view the road on which the non-party driver's vehicle is driving, in light of the above interpretation standards as above, it is difficult to view that the road on which the non-party driver's vehicle is driving, falls under a road with a wider width than the road on which the defendant driver's vehicle

Nevertheless, the court below recognized the joint tort liability for the accident of this case and assessed the fault ratio of the defendant on the premise that the road on which the non-party driver's vehicle was in progress has a minor difference in the width compared to the road on which the defendant driver's vehicle was in progress. It erred by misapprehending the legal principles as to the significance of "road with a wider width", which is the basis of the right of priority of passage, which is larger than that of "road with a wider width," and there is a ground to point this out.

3. Therefore, the part of the judgment of the court below against the defendant is reversed, and that part of the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)