▲ The Supreme Court of Korea
The Supreme Court has ruled that if a driver crosses the center line to make a left turn into a side road and strikes a pedestrian at the entrance of that road, it constitutes a "center line violation" accident under the Act on Special Cases Concerning the Settlement of Traffic Accidents, making the driver subject to criminal punishment.
The First Division of the Supreme Court (Justice Cheon Dae-yeop presiding) overturned the lower court's dismissal of the case against a defendant, identified as A, who was charged with violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, and remanded the case to the Daejeon District Court last month.
A, a truck driver, was driving on a one-lane road in Sejong City on June 27, 2023, when he crossed the center line to turn left into a side road on the opposite side, striking a pedestrian who was crossing a crosswalk at the entrance of the side road.
The pedestrian sustained fractures requiring approximately 28 weeks of medical treatment.
The core issue was whether this accident fell under the category of a center line violation, one of the 12 major acts of negligence under the Act on Special Cases Concerning the Settlement of Traffic Accidents.
Accidents involving these 12 major acts of negligence carry a high risk of casualties, allowing for the criminal prosecution of drivers regardless of whether they hold insurance.
The first trial court recognized the incident as a center line violation accident and sentenced A to 10 months in prison, suspended for two years.
However, the second trial court ruled that it did not constitute a "center line violation accident" because the act of crossing the center line was not the direct cause of the accident.
Consequently, the court dismissed the indictment, stating that the prosecutor could not file charges under the special provisions for insured drivers.
The second trial court reasoned that while A did cross the center line to turn left, the act did not obstruct or pose a danger to vehicles traveling in the opposite lane.
The Supreme Court, however, explained that the purpose of the center line violation provision in the Act on Special Cases Concerning the Settlement of Traffic Accidents is "to protect the trust of other drivers and traffic participants that vehicles driving along the lanes will operate normally without crossing the center line."
The Supreme Court further stated, "The defendant's act of crossing the center line can be seen as a direct cause of the traffic accident," and remanded the case to the lower court for a retrial.
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.