The case holding that driving of a truck with its left wheels above the center line does not directly cause the traffic accident.

When the defendant drives a truck on the center line of the road with the wheels outside the left side of the road, and gets a vehicle going to his own lane rapidly with the vehicle that the victim driven and driven by the defendant, and the part of the truck left side of the truck by the defendant at the time when the defendant walks with the truck driving again at the time of the direction of the vehicle's driving, and then the motor vehicle, as the left side side of the truck, conflicts with the other part of the truck, and then the other part of the vehicle was followed by even if the truck was driven, the accident cannot be avoided even if the defendant turns to the other part of the center line, and even if the defendant turns to the normal line, the accident cannot be avoided. Therefore, the driving of the motor vehicle while leaving the left wheels of the defendant's truck on the center line cannot be said to have a direct cause for the above accident.

Articles 17 and 268 of the Criminal Act, proviso of Article 3(1)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents

Defendant

Prosecutor

Attorney Seo Tae-ro

Daegu District Court Decision 90No738 delivered on August 30, 1990

The appeal is dismissed.

We examine the grounds of appeal.

According to the reasoning of the judgment below, while the defendant drives a truck with the center line above the road as stated in the judgment after driving the truck outside of the left side, the court below acknowledged the fact that the accident of this case occurred after receiving the driver's vehicle of this case from the rear side of the above truck, which was driven by the driver's vehicle, and driving the driver's vehicle in front of 50 meters from the opposite direction of the defendant's driving, and coming into his own bus immediately after driving the vehicle in front, and at the time of driving with the above truck, again, at the time of the defendant's driving with the above truck, collision with the defendant's left side side part of the above truck, and therefore, in light of the above circumstances of the accident, it cannot avoid the accident of this case even if the defendant got a normal line without the center line, and it cannot be said that there was no error of law by misapprehending the legal principles as to the crime of this case on the ground that the defendant's driving of the left side of the truck in front of the road in front of the defendant's driving.

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

Justices Kim Yong-sung (Presiding Justice)