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논문 기본 정보

자료유형
학술저널
저자정보
박광현 (광주여자대학교)
저널정보
J-INSTITUTE Regulations Regulations 제6권 제4호
발행연도
2021.12
수록면
26 - 35 (10page)

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초록· 키워드

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Purpose: The purpose of this study is to discuss the countermeasures against drunk driving regulations in terms of crime prevention because drunk driving is not a simple traffic crime but a potential murder. One methodology would be to raise the punishment for drunk driving and to improve the public's awareness and conduct regular traffic accident prevention education so that fundamental problems can be solved and have high efficiency and normative power. In Korea, the ‘Act on the Aggravated Punishment of Specific Crimes, etc.’ and ‘Road Traffic Act’ were amended in Korea following the case of 'Yoon Chang-ho', who died in a drunk driving accident in 2018. Drunk driving is a very dangerous behavior, as it can endanger your life as well as the lives of others. Even if an accident does not occur, such an act is a violation of the Road Traffic Act and therefore carries criminal responsibility. In terms of general crime prevention, the penalties for drunk driving are becoming stricter than in the past. In the improved system, even if the blood alcohol level is 0.03% or more and less than 0.08, im-prisonment for not more than one year or a fine of not more than 5 million won is imposed. In the case of two or more violations of the strengthened regulations, imprisonment for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won. What used to be a three-out was changed to a two-out for drunk driving. However on November 25, 2021, the Constitutional Court ruled that the provisions of the Road Traffic Act, which required uniform and aggravated punishments for drunk driving more than twice, were against the Constitution(Constitutional Court 2021.11.25, 2019Hunba 446, etc.). In addi-tion, if you injure a person while driving, you will be punished by imprisonment for not less than 1 year and not more than 15 years in prison, or a fine of not less than 10 million won to not more than 30 million won(Before the amendment, in case of death while driving under the influence of alcohol, he was sentenced to fixed-term impris-onment of more than one year). Drunk driving accidents can lead to criminal punishment, administrative sanc-tions, and even civil lawsuits. Keep in mind that drunk driving can be a potential killer on the road. Even if you didn't harm anyone, just drinking and driving can be a big hit in society. Method: Injuries and deaths due to drunk driving are on the rise. As a countermeasure against this, the stand-ards and level of punishment for drunk driving are being strengthened. First, let's look at the legal punishment for drunk driving through the laws related to drunk driving. Second, we examine the severity of the damage caused by drunk driving through statistics such as drunk driving accidents, injuries, and deaths in current Korean society. Third, as a comparative legal review, by examining foreign laws on drunk driving accidents, matters to be referred to in Korean laws and regulations are reviewed. Fourth, I would like to make a legislative proposal by reviewing the problems and improvement plans of the drunk driving legal system. Previous studies on drunk driving have mainly focused on strengthening the punishment for drunk driving. This study intends to review the general crime prevention aspect by not only strengthening punishment but also changing the public's perception through edu-cation. Results: Drunk driving affects not only drunk drivers, but also others and society. It is necessary to keep in mind that drunk driving is a potential homicide, and the prohibition of drunk driving should be strengthened. In addi-tion, if the general prevention effect can be successfully established and nudged against the offenses of drunk drivers, social costs can be reduced. Conclusion: For drunk driving, both the ‘external motivation’ such as punishment, as well as the ‘intrinsic moti-vation’ to act in compliance with the norm must be activated. To this end, it is necessary to raise awareness that drunk driving must be caught and punished. The certainty of punishment has a positive effect on crime deter-rence. Also, in the case of self-driving cars in the era of the 4th industrial revolution, there are no regulations for drunk drivers, so a review should be carried out.
#Drunk Driving #Crime Prevention #Road Traffic Act #Blood Alcohol Concentration #Criminal Liability

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참고문헌 (31)

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