음주운전 방지장치 도입에 따른 법령체계 정비방안 연구

Abstract

Traffic accidents caused by drunk driving are still reported in media articles every day, and the recidivism rate of habitual drunk drivers has remained at 44% per year for the past five years, despite the stricter legal punishment since the Yoon Chang-ho incident. In particular, drunk driving is a very threatening criminal act that affects not only the drunk driver himself but also other drivers and pedestrians, and the social cost is estimated to be 26 trillion won per year. Therefore, new sanctions are needed to fundamentally prevent such drunk driving. In Korea, these problems have been identified and alternatives have been prepared. In October 2023, some amendments to the Road Traffic Act related to the Breath Alcohol Ignition Interlock Device (BAIID) were passed by the National Assembly. This provided a preliminary means to prevent drunk driving in Korea. Drunk driving prevention devices are considered somewhat unfamiliar in Korea, but they are already commonly used to prevent drunk driving in many developed countries abroad. It is called an alcohol interlock, a drunk start lock, and a breathalyzer for start control, and is referred to as BAIID abroad. This is a device that stops the vehicle from starting when the driver tries to drive a vehicle while drunk. Before starting, the driver breathes with a preventive device and the start is limited when the blood alcohol concentration exceeds the input reference value. In other words, it is an electronic device system in which a breathalyzer is installed in a vehicle and the start of a vehicle driving is linked with the breathalyzer. In this study, we will look at the 'drunk driving prevention device' that is scheduled to be introduced in Korea, and systematically examine the necessity of introducing this device. In particular, currently, only the 'Road Traffic Act' has been revised. Through this study, a proposal for the 'Enforcement Decree and Enforcement Regulations of the Road Traffic Act' will also be presented to consider the plan to revise the Road Traffic Act closely related to the domestic reality. The results of this study are expected to provide useful theoretical and practical implications for the public, researchers, and government authorities who are interested in reducing drunk driving accidents.