해상교통법상 음주(운항․도선)자의 형사책임

Abstract

To deter an accident in sea, to drive a ship under influence of alchole over 0.08% of blood alchole concentration, an act of handling or ordering handling steering gear is now subject to criminal saction. For criminal responsibility, you should have element, wrongfulness and inexusibility Intoxication require exoneration in mental illness and mitigation in diminished capacity, being subjec to Korean criminal code Article 10 (1) and (2)To punish such a person who are intoxicated, you need the doctrine of actio libera in causa under Korean criminal code 10 (3). The doctrine of actio libera in causa can be divided into two section. The one is based on intention and the other is based on negligence. Generally, under the doctrine of actio libera in causa, intentional intoxication can be punishable. To punish such a person who are intoxicated, you need the doctrine of actio libera in causa under Korean criminal code 10 (3). The doctrine of actio libera in causa can be divided into two section. The one is based on intention and the other is based on negligence. Generally, under the doctrine of actio libera in causa, intentional intoxication can be punishable.