In order to avoid a traffic accident, if the vehicle is operated beyond the median line using a cre in which the vehicle is not traveling along the opposite line, whether it constitutes “influence of the center line of the road” in the former part of Article 3(2) proviso of the former Act on Special Cases Concerning the Settlement of Traffic Accidents (Act No. 3490, Dec. 31, 1982) (negative)

If it is anticipated that the occurrence of a traffic accident may cause many casualties if a vehicle operating along a vehicle along which the lane has been installed continues to operate along the lane without breaking the median line, the case where the driver operates the vehicle with the median line using a gap in which the vehicle does not pass on to the opposite line in order to avoid the traffic accident does not constitute a case where the driver gets involved in the median line of the road along which the lane has been installed in violation of the provisions of Article 11-2(2) proviso of Article 3(2) proviso of the former Act on Special Cases Concerning the Settlement of Traffic Accidents (Act No. 3490, Dec. 31, 1981).

Article 3(2) of the former Act on Special Cases concerning the Settlement of Traffic Accidents, Article 11(2) of the former Road Traffic Act

Defendant

Prosecutor

Seoul Criminal Court Decision 84No3971 delivered on December 24, 1984

The appeal is dismissed.

The grounds of appeal are examined.

If it is anticipated that the occurrence of a traffic accident would cause many casualties if the vehicle operating along a vehicle along which the lane has been installed continues to operate along the lane without breaking the median line, it shall not be the case where the driver operates the vehicle with the median line using a gap in which the vehicle is not traveling along the opposite line in order to avoid the traffic accident, and it shall not be the case where the driver gets involved in the median line of the central line of the road where the lane is installed in violation of the provisions of Article 11-2(2) of the former Road Traffic Act (Act No. 3490 of Dec. 31, 1981).

In the same purport, the traffic accident of this case was driven at a speed of about 40 kilometers per hour by Defendant 10:50 on September 1, 1983, and was driven by a bus bus belonging to a light passenger at a speed of about 40 kilometers per hour on the side of the road in Dongdaemun-gu Seoul, Dongdaemun-gu, and was driven by a bus bus stop in front of the same Dong-gu 34-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, but it was found that there was an error in the misapprehension of the legal principles as to the traffic accident of this case when the traffic accident of this case was installed on the front of the bus running along the bus crossing where many people received a walking signal and proceeded with the above crosswalk, thereby causing danger and injury to the above pedestrians, and thus, it did not constitute the traffic accident of 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 Kang Jin-young (Presiding Justice)