주취운전의 죄수(罪數)에 대한 고찰

Abstract

Violations of traffic laws and regulations mostly consist of several overlaid violative actions in traffic accidents, resulting in uncertainty of the number of violations, or crimes. Therefore, administrative agencies consistently tend to deal with traffic violation cases through relatively light punishments to get rid of disputes related. In particular, there are many cases in which DUI and negligent injury/manslaughter, or DUI and dangerous driving injury/manslaughter occur together as in the case when the driver does not take attention when drunk and injures/kills a man. In addition, for actions related to DUI, it is a very difficult problem to apply laws and guilt by clearly distinguishing the actions. This is because it is a problem of how the overlapping of criteria of constitution should be interpreted. Therefore, it should be reviewed how to harmonize the various factors in determining the guilt and understand these stepwise and systematically during the discussions on the criteria of guilt determination. Based on this, if we review the guilt determination on traffic violations related to DUI, it is as follows: in the cases of DUI and unlicensed driving, imaginary concurrence, in case of DUI and refusal of driver alcohol test, actual concurrence, in case of DUI and grave negligent injury/manslaughter, imaginary concurrence and in case of DUI and dangerous driving injury/manslaughter, imaginary concurrence can be acknowledged, respectively. In that sense, this study aims at contributing to the development of traffic culture in Korea by theoretically establishing a standard for the number of violations, or crimes, against traffic laws and regulations which are closely related with our daily lives.