道路交通犯과 信賴의 原則

Abstract

The "Vertravensgrundsatz" is a principle that the driver is not guilty when he believed' that the victims had properly conducted according to the traffic order even if a traffic accident happened. This principle stems from German decision in 1935, and Japanese supreme court also adopted it in 1966. It requires various kinds of preconditions to adopt the principle : l. High speed of the cars and the necessity of smooth traffic network. 2. Exhaustive education of the traffic regulations. 3. Well-equipped roads and its surroundings. When all these conditions were fulfilled, it should be right to adopt the principle. Still there are limits to adopt the principle : 1. In case it was impossible to expect proper action of the victims (example - children, infants, the old, drunken persons). 2. In case the drivers ignored the expected control such as slow driving speed reduction, etc. 3. In case the traffic surroundings are not sufficient (example - heavy traffics and narrow streets). Considering all these conditions and limits, our courts should adopt the principle.