도로교통법상 통고처분 불이행자 처리의 개선방안에 관한 연구 - 범칙금 미납자에 대한 경찰의 즉결심판청구 및 면허정지 처분을 중심으로 -

Abstract

If the Road-Traffic Law violators do not pay the traffic tickets, they should be committed for summary trial. If they do not attend this summary trial again, they could be disqualified from driving for up to 40 days. But recently, there has been controversy over this procedures. Firstly, there are doubts about whether it is an acceptable choice that even people with relatively minor offense could suffer serious disadvantage such as automatic driver’s license suspension, simply because they do not attend summary trial. Especially the fact that the police unconditionally suspend the license without checking grounds of the nonattendance might be problematic. The police usually suspend the license first, and then withdraw the suspension after arresting the offenders and finding that they have proper reasons not to attend the trials. Next, It’s doubtful whether traffic license suspension could be a substitute for a criminal proceedings (summary trials). Although, according to the Road Traffic Act, the police should demand summary trial, administrative measure such as license suspension are being used as alternative measures for the criminal procedures, in reality. Since the summary trial may act as an appeal process and it can proceed to full trial, it is arguable whether the police can stop the criminal processes on its own discretion. In this study, literature review, legal history review, and qualitative interviews with police officers are used to analyze how the current problems have been made and how to solve the problems. The institutional improvement measures that this article suggests are as follows: Summary Trial for Road Traffic Law violators should be activated and traffic license suspension for the traffic fine defaulter should be abolished. Current traffic fine notification process that takes much time and efforts of the police should be remedied in a way that is easier and more convenient.