우리 교통형법에서의 횡단보도상 보행자 보호의무 위반: 미국의 교통형법 및 도로교통에 관한 비엔나협약과의 비교

Abstract

Korea's Act on Special Cases concerning the Settlement of Traffic Accidents allows immunity for a driver who injured a victim through reckless driving of a car when enrolled in a comprehensive car insurance or making settlement with the injured through compromise (Art.3.(2) or 4.(1)). While such an attitude has been under criticism out of neglect of the injured's right to participate in a criminal trial (Const. Art. 27.(5)), Constitutional Court of Korea declared art. 4(1) unconstitutional when the article exempts a driver causing severe injury from prosecution. Recently, the Supreme Court of Korea issued a decision holding that a prosector can bring a criminal suit against a defendant who struck a pedestrian who stepped in a crosswalk with ‘flashing green light’ warning. This thesis supports such pro-pedestrian approach on the basis of researching the Vienna Convention on Road Traffic Art.21.2 (a)&(b) and transportation and criminal law of the U.S. Under the convention, pedestrians on a crosswalk have right of way even when drivers may proceed on the crosswalk. Under existent laws of many states in the U.S. pedestrians may not start to cross a crosswalk when red signal representing ‘Don't Go’ or ‘raised hand’ was flashing. However, recent Manual on Uniform Traffic Control Devices for street and highways (MUTCD) of the U.S. Department of Transportation allows pedestrians to step into a crosswalk in spite of flashing red signals when they have sufficient time to cross the walk to safe-island or the opposite side. It is reasonable in light of the fact that MUTCD requires pedestrian red signal to be equipped with a remaining time indicator. Moreover, a lot of states enact a criminal provision punishing a driver who struck a pedestrian in a crosswalk and some of their courts issued decisions punishing a driver who caused injury to a pedestrian stepping in the crosswalk during flashing red signal. ‘Flashing red signal’ in U.S. and ‘flashing green walking person’ in Korea have the same legal effect meaning that pedestrians should not start to cross a crosswalk and finish crossing without hesitation. Nevertheless, the interval of Korea's stead green light is much shorter than that of America's steady green light as well as that of Korea's flashing green light. As a result, pedestrians in Korea have been exposed to more possibility of inconveniences and danger. It is noteworthy that police office recently is experimenting a new transportation improvement plan including the provision of more time to steady green light and the shortenining of time for flashing green light. While agreeing with the recent pro-pedestrian decision of the Supreme Court this thesis urges the expansion of the new police improvement plan to overall crosswalks as general practices and the repeal of the Supreme Court's 2001do2939 decision that does not protect a pedestrian still walking a crossing when signals turn from flashing green to steady red.