긴급자동차 운전자의 신호위반 교통사고에 대한 형사책임

Abstract

An emergency vehicle is any vehicle that is designated and authorized to respond to an emergency. These vehicles are usually operated by designated agencies, often part of the government. Supreme Court decided that emergency vehicle drivers were required the level of duty care like other general drivers. This view of supreme court is controversial because emergency vehicles are permitted by law to break conventional road rules in order to reach their destinations in the fastest possible time. Exempting the duty care of emergency vehicle driver for the fastest response might be criticized to give undue value on purposefulness. So, the reasonable standard of duty care for emergency vehicle’s drivers be defined to guarantee faster arrival. First, it should be construed that the Principle of Trust does not be applied in case that other drivers can recognize the lights and siren of emergency vehicle in the intersection. Namely, driving through an intersection when the traffic light is red, the duty care standard of emergency vehicle drivers be applied that of New York State. The drivers of an emergency vehicles can not be sued if the drivers do not show “reckless disregard for the safety of others.” But, the drivers should burden the civil responsibility based on the proportion of negligence. Second, while balancing the duty care level of emergency vehicle drivers comparing with others, Courts should positively construe the law considering the characteristics of emergency vehicle drivers. Third, it is required to amend a provision that permits the arbitrary abatement and exemption of penalties in charge of emergency vehicle drivers. While deciding the probable causality relationship and duty care level of the traffic accidents, the provision of law permitting the abatement and exemption of emergency vehicle driver’s penalties be applied according to the level of duty care. Lastly, Emergency Vehicle Preemption System should be established like Unite states, Europe and Japan. This system will contribute to prevent emergency vehicles accidents that are caused by violating traffic signal, and guarantee safer and faster response.