The duty of care of the driver of a motor vehicle who passes the crosswalk before and after the time the pedestrian signals in the crosswalk are changed to red signals to green signals;

Even while the pedestrian signal of a crosswalk is changed to a red signal from a green signal, pedestrians are often standing the crosswalk, and even if the green signal is changed to a red signal, pedestrians crossing the rest of the crosswalk without stopping according to the traffic signal. As such, drivers of vehicles passing through the crosswalk before and after the time when the pedestrian signal is changed to a signal to a green signal are changed to a signal to a red signal are not driving a motor vehicle solely on the trust that pedestrians should thoroughly comply with the traffic signal, but on the left and right side whether there is a pedestrian already approaching the crosswalk, and have the duty of care to stop at any time for safety of pedestrians in such situation.

Article 3 of the Act on Special Cases concerning Traffic Accident Settlement

Defendant

Defendant

Attorney Park Ho-ho

Busan District Court Decision 85No739 delivered on January 30, 1986

The appeal is dismissed.

The grounds of appeal are examined.

1. According to the evidence adopted by the court below, at around 20:00 on December 22, 1984, the defendant, a truck driver, driving the above vehicle at a speed of 50 kilometers per hour, and driving the above vehicle at the front of the new church conference located in one hot spring in Busan Dong-dong-dong-dong-dong-gu, and at that time, at night, it was difficult to turn the front light of the vehicle with the beam light of the vehicle coming from the opposite direction at night, and even if there was a lot of traffic of the vehicle, it was difficult to reduce the speed and the front door and the right and the right of the vehicle are turned down to the right side from the aftermath of the business negligence of driving the vehicle, which did not look at the right side of the vehicle, and the pedestrian signal was changed to the red signal from a green signal, it can be sufficiently recognized that the crime was committed, and the contents of the evidence cannot be viewed as a violation of the rules of evidence, and therefore, it cannot be accepted.

2. According to the facts and records established by the court below, the victim of the accident in this case entered the crosswalk while the preliminary signal of the crosswalk (which is installed on each third line of the crosswalk) has been changed to red signal from green signals, and continuously crossing the crosswalk while such signal has been changed to red signal while crossing, and the defendant is driving a motor vehicle while driving the crosswalk. Meanwhile, it is clear that the defendant tried to pass the above crosswalk under the same speed as the signal is changing to straight signal, and even if the pedestrian signal is changed to red signal from green signals, it is common time to build the crosswalk, and even if it is changed to pedestrian signal, it is not easy for the driver to cross the crosswalk without any duty of care to stop driving the motor vehicle in light of the traffic signal of pedestrians, it is not easy for the driver to easily change the pedestrian signal in front and after the passage of the crosswalk, and even if it is changed to pedestrian signal, it is not easy for the driver to cross the crosswalk without any duty of care to stop driving the motor vehicle in light of the weather signal of pedestrians.

The court below's decision that the defendant had a duty of care as stated in its reasoning can be seen as the conclusion leading to the same purport. Therefore, in light of the specific circumstances at the time, it is just, and there is no error of finding an automobile driver's duty of care contrary to the principle of trust. Thus, there is no discussion about the appeal.

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

Justices Lee B-soo (Presiding Justice)