In a case where a part of the left side of a cargo vehicle overtaking a bus on the right side of the bus in front of the bus when the bus gets injured by the person crossing the motor vehicle on the right side in front of the bus, whether it constitutes a central collision accident as stipulated in the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents (negative)

In the event that the defendant stops on the right side of the road while driving a truck, a part of the left side of the truck runs along the center line by overtaking the bus in order to pass ahead of the road, and the part of the motor vehicle's body side is the right side of the motor vehicle in the course of driving the motor vehicle, and the victim who crosses the road to port from the front and right side of the bus is faced with the victim who crosses the road to the left side, the above traffic accident cannot be deemed to have occurred due to the defendant's central collision. Thus, the above accident does not constitute a central collision accident as stipulated in Article 3 (2) proviso 2 of the Act on Special Cases Concern

The proviso to Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents

Defendant

Prosecutor

Daegu District Court Decision 90No836 delivered on September 20, 1990

The appeal is dismissed.

The Prosecutor's grounds of appeal are examined.

The court below found that, while the defendant driving a truck and driving a truck on about 40 kilometers at a speed of 40 kilometers, part of the left side of the truck in order to overtake the city bus stopped on the right side of the road, the defendant proceeded along the center line with the center line, and the victim Kim-young crossing the road to the left side from the front and right side of the truck in the direction of the truck, and caused the victim's injury to the left side of the bus, such as the wind-frame-rads, which requires four weeks' medical treatment, and therefore, determined that the traffic accident of this case does not constitute the central crime of the accident provided for in Article 3 (2) 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, since the traffic accident of this case was caused by the victim crossing the road from the right side of the road, and the traffic accident of this case was not caused by the defendant's collision with the center line.

The judgment of the court below is just and acceptable, and it cannot be viewed that there is an error of law by misunderstanding the legal principles as to the central crime of aggression, such as the theory of lawsuit, and there is no reason to discuss.

The Supreme Court Decision 88Do1678 delivered on April 11, 1989, etc., which held that the theory of the lawsuit pertains to the case different from the case, and it is inappropriate to invoke it in this case.

Therefore, the appeal by the prosecutor is dismissed. It is so decided as per Disposition with the assent of all participating judges.

Justices Yoon Jae-ho (Presiding Justice)