주취운전죄와 관련된 최근의 입법과 판례의 동향 (The Trend of Recent Legislations and Judicial Precedents Regarding Drunken Driving)

서지정보

· 발행기관 : 한양대학교 법학연구소
· 수록지 정보 : 법학논총 / 28권 / 3호 / 101 ~ 125페이지
· 저자명 : 박찬걸

초록

Up-to-date, National Assembly has amended the ‘Road Traffic Act’ several times. First,The 50th revision of the Road Traffic Act in 12. 29. 2009. had widened the concept of road. Second, The 52th revision of the Road Traffic Act in 7. 23. 2010. had included area outside road as the limit of application regarding the crime of drunken driving. Finally, The 53th revision of the Road Traffic Act in 6. 8. 2011. had strengthen punishment. A series of measures like these will raise a new interpretation theory and practical affairs against drunken driving. In accordance with the this situation, review about existing discussion is believed to have significant timely work.
When I think of it, the strict application of punishment is more important than the enlargement of punishment. But this revision is inconsistent with prerequisite of punishments.
Drunken driving constitutes an offense. Also, the crime of drunken driving in Korea decides simply based on blood alcohol concentration but without consideration of specific driving capability. Therefore, In order to punish drunken driving prerequisite is accurate measurement of blood alcohol concentration. There are three ways of determining Blood Alcohol Concentration(breath test, blood sample test, Widmark equation). Especially, The Supreme Court recognized Widmark Equation as experiential evidence. In conclusion, more scientific and credible technique about three ways of determining Blood Alcohol Concentration is required.

영어초록

Up-to-date, National Assembly has amended the ‘Road Traffic Act’ several times. First,The 50th revision of the Road Traffic Act in 12. 29. 2009. had widened the concept of road. Second, The 52th revision of the Road Traffic Act in 7. 23. 2010. had included area outside road as the limit of application regarding the crime of drunken driving. Finally, The 53th revision of the Road Traffic Act in 6. 8. 2011. had strengthen punishment. A series of measures like these will raise a new interpretation theory and practical affairs against drunken driving. In accordance with the this situation, review about existing discussion is believed to have significant timely work.
When I think of it, the strict application of punishment is more important than the enlargement of punishment. But this revision is inconsistent with prerequisite of punishments.
Drunken driving constitutes an offense. Also, the crime of drunken driving in Korea decides simply based on blood alcohol concentration but without consideration of specific driving capability. Therefore, In order to punish drunken driving prerequisite is accurate measurement of blood alcohol concentration. There are three ways of determining Blood Alcohol Concentration(breath test, blood sample test, Widmark equation). Especially, The Supreme Court recognized Widmark Equation as experiential evidence. In conclusion, more scientific and credible technique about three ways of determining Blood Alcohol Concentration is required.

참고자료

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