The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) is that the truck is parked on the right side of the Defendant’s vehicle at the time of the instant case, and the Defendant was forced to inevitably intrude the central line for overtaking it, and the accident occurred due to the collision between the damaged vehicle and the damaged vehicle.

Therefore, the defendant's central crime is an inevitable cause, and the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents by the Central Crime cannot be established.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination on the grounds for appeal

A. Article 13(3) of the Road Traffic Act provides that “The drivers of motor vehicles and riders of horses shall pass along the center (if a central line is installed on the road that is divided into the sidewalk and the roadway, referring to the central line) of the road (in the case of the road that is divided into the sidewalk),” while Article 13(4)3 of the same Act provides that “the drivers of motor vehicles and riders of horses may pass along the center or the left-hand side of the road in a case where they intend to pass another motor vehicle ahead of it on the road that is not more than 6 meters wide, notwithstanding paragraph (3).”

Article 3(2) proviso of Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) provides that “When a traffic accident gets involved in the median line of the road along which the lane is installed in contravention of the provisions of Article 13(3) of the Road Traffic Act” means not all cases beyond the median line, but all cases where a traffic accident gets involved in the median line with the median line without any inevitable reason. The term “inevitable reason” in this context did not take other appropriate measures to avoid the obstacles

or the same lane.