위험운전치사상죄의 성립 요건과 적용상의 문제점

Abstract

In the Road Traffic Act, in the case of driving in the condition of being drunk and in the condition of the blood alcohol level being 0.03% or higher, it regulates that it shall be punished without any regard to whether or not a traffic accident took place. And, in the Traffic Accident Handling Exemption Law, in the case of committing the crime of the accidental homicide during the work due to the driving while being drunk, it regulates that it shall be punished in the case of the victim not wanting a punishment, too. Despite this, as the traffic accidents due to the driving of the cars in the condition of being drunk had not decreased, in order to suppress the drunk driving accidents, by making a special case of the crime of the death by professional negligence, which has been regulated in Article 268 of the Criminal Law, regarding the crime of the death because of the dangerous driving, which is additionally punished, it was newly established on December 21, 2007 in the Law Regarding the Specific Crime Additional Punishment and the Others of the Like. And, through an amendment on December 18, 2018, the statutory punishment was adjusted upwards drastically. However, by not being able to prove the requirement that ‘It is the condition in which the normal driving is difficult because of the influence of the drinking of the alcohol’ clearly and definitely, the difficulty in terms of the application has been experienced. As a result, although, legislatively, there can be many kinds of plans, there is a need to make and include the objective criteria that judges the condition of the normal driving being difficult because of the influence of the drinking of the alcohol. Or, in other words, I think that, by presenting the numerical value (0.1%) of the specific alcohol concentration in the blood, while overcoming the problem in terms of the application, it is the saving of the purpose of the law that had been made difficultly.