Degree of the driver's duty of care in areas where overtaking is prohibited due to the installation of yellow wire;

There is no duty of care to take measures, such as operating the vehicle in the opposite direction beyond the median line to the driver who proceeds from the vehicle along the opposite direction in the zone in which the overtaking line is prohibited due to the installation of yellow-ray, or operating the vehicle outside the road to avoid the collision with the said vehicle.

Article 44 of the Road Traffic Act

Defendant

Prosecutor

Attorney Han Han-soo

Msan District Court Decision 84No994 delivered on February 22, 1985

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below reasoned that the point where the car driven by the defendant and the non-indicted 2 conflict with the vehicle driven by the defendant is front of the national highway 60 kilometers per hour prior to the Gyeongnam Development Zone, which is a two-way road in front of the Gyeongnam Development Zone, and the road condition in the vicinity is a sudden diver road, and is 3.3 meters of the 5-meter road, and the main road of the above car is 4.2 meters of the 4.2 meters from the 6-meter road, and there is no error of law by misunderstanding the legal principles as to the above diversity of the above diverset, or by misapprehending the legal principles as to the diverset of the above diverset, the above diverset of the above diverset with the 60-meter diverset of the above diverset, and there is no error of law as to the divers of the above diverset with the central 16-way.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Jong-sung (Presiding Justice)