자동차보험 약관상 ‘마약･약물운전’ 조항의 해석과 적용

Abstract

In case of narcotic drugs/medication driving in the first party property damage insurance, it is excluded from the scope of compensation. Also the bodily injury liability insurance and property damage liability insurance of the standardized clause of automobile insurance requires the insured to pay a large deductible to the insurer. In other words, exemption of part of insured money, not full exemption of liability, is provided in narcotic drugs/medication driving. The meaning of narcotic drugs and medication in automobile insurance policy refers to narcotics, marijuana, psychotropic drugs, and others prescribed by Ordinance of the Ministry of the Interior and Safety as prescribed in Article 45 of the Road Traffic Act. And the meaning of narcotic drugs/medication driving refers to the act of driving in a state that makes it impracticable to drive a motor vehicle, etc. normally due to the impact of the influence of drugs referring to narcotics, marijuana, psychotropic drugs, Korean Supreme Court of Justice emphasizes the circumstance of breach of law caused by drunk driving at the time of occurrence of accident in interpretation of exclusion provision of drunk driving in first party property damage insurance. Therefore, it cannot be interpreted that it only applies to the case there is causal relation between drunk driving and insured accident. This position of Korean Supreme Court of Justice can be interpreted that an act of drunk driving is considered as a sort of reasons for exclusions of risk which is excluded from the category of covered risk by the insurer from the beginning. However, the narcotic drugs/medication driving in automobile insurance policy, which is more likely to be socially criticized than drunk driving, stipulate a reason for exemption from the cause. In other words, there is causal relation between drunk driving and insured accident. The meaning of narcotic drugs and medication and interpret act of narcotic drugs/medication driving in current automobile insurance clauses should be revised because there is a problem. First, in the scope of psychotropic substances stipulated as immunity drugs in automobile insurance policy, drugs prescribed by doctors should be excluded. Next, it is necessary to revise the same form as the exclusion clause of drunk driving and unlicensed driving in automobile insurance policy.