The application of the principle of trust and the driver of the vehicle who overtakes the bicycle.

The principle of trust is excluded if there are special circumstances that make it impossible for the other party traffic controller to believe that the traffic is going to go to the road traffic in compliance with all the laws and regulations of the road traffic. Accordingly, the accident points in this case are the first straight line of about 10 meters in width and the passage to the left-hand side of the running direction is being kept in the form of J. At the time, the victim is carrying a biological winner in front of the bicycle, it is insufficient for the vehicle driving company that intends to overtake the victim to go ahead of the traffic, and the vehicle driving company has a duty of care to care to attract the bicycle to the attention of the victim or reduce the speed, and to pass the road to the left or to the left-hand at the same time, and there is no error in the misapprehension of the principle of trust in relation to the above accident since it is better for the victim to trust the withdrawal of measures in accordance with the provisions of the Road Traffic Act, and therefore there is no error in the misapprehension of the principle of trust.

Article 17(3) of the Road Traffic Act, Article 268 of the Criminal Act

Defendant

Prosecutor

Jeonju District Court Decision 82No717 delivered on August 27, 1983

The judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division.

We examine the grounds of appeal.

According to the reasoning of the judgment below, since the victim of the above-mentioned truck is also better than that of the above-mentioned road traffic, and the victim is not obligated to prepare for the above-mentioned truck with the other party's reliance on the violation of the laws and regulations, even if he did not know of the above-mentioned truck, he would not have any duty to care at the time of the above-mentioned bicycle driver's driving, and the accident scene is about 10 meters away from the entrance of the river junife and the junife of the above-mentioned knife on the road at the time of the accident, he would not have any duty to follow the above-mentioned bicycle driver's duty to care at the time of the above-mentioned bicycle driver's driving, and the victim would not have any duty to follow the above-mentioned bicycle driver's duty to follow the above-mentioned bicycle driver's instructions at the time of the accident, and the victim will not have any duty to follow the above-mentioned bicycle driver's 7 meters away from the front side of the road at the time of the accident.

However, the principle of trust should not be applied to cases where there are special circumstances that make it impossible for the other party traffic controller to believe that the traffic is going to go to the road traffic in compliance with all the laws and regulations of the road traffic. However, as recognized by the court below, the accident point of this case is a 10-meter road of the road with a narrow width of 10 meters, which is connected to the road in the left side of the direction, and the victim at the time is carrying a biological winner on the bicycle, the defendant who wants to overtake the victim is insufficient to have a broad distance from the bicycle and a large distance of distance from the bicycle, and has a duty of care to call the bicycle to the victim's attention or reduce their speed and take his attitude. However, if the victim wants to turn to the left to the road or cross the road, the court below erred in the misapprehension of the legal principles as to the vehicle driving under Article 14 (1), Article 31 (1) and (2) of the Road Traffic Act, and Article 16 of the Enforcement Decree of the Road Traffic Act, which affected the defendant's decision.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division which is the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)