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道路交通犯과 信賴의 原則
- 道路交通犯과 信賴의 原則
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- 대학원 법률학과
- 도로교통범; 신뢰; 법률학
- 이화여자대학교 대학원
- 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.
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