본문 바로가기
KERD
논문KCI 등재

미국의 음주운전대책에 관한 법적 소고 -연방과 주의 법제를 중심으로-

The Measures on the Alcohol Impaired Driving in U.S.

0

조회

0

다운로드

1

인용

0

참고문헌

키워드

주제분류법학

초록

In this paper, the authors in order to prevent drunk driving Introduces the efforts of federal and state in U.S. That for each state, to strict criteria of whether or not applicable to drunk driving, it is possible to weight penalties for repeat offenders, federal law, prohibits the consumption and possession of in the car of liquor we have the container is opened We are looking for the enactment of laws that prescribe that shows each of the matters to be prescribed by law. In addition to the penalties for drunk driving offenders, some states, regulates the measures for automobiles. As an example, we introduce the provisions attached to the license plate in Ohio and the special provisions of the ignition interlock device installation systems in Arizona. Starting with drunk driving, to combat incidents and accidents caused by drinking excessive alcohol, there are laws that regulate the offer and sale of alcoholic beverages in order to prevent excessive drinking by the state. In nearly all states have laws that prohibit the sale of alcoholic beverages to a person who has drunk, the offer. In addition, in more than half of the state, has banned the practice of promotion, such as time of service and dining habits that encourage excessive drinking. For violations, although there are provisions such as fines or license suspension of liquor sales, there is also a problem that the executive has not been fully made.

Abstract

In this paper, the authors in order to prevent drunk driving Introduces the efforts of federal and state in U.S. That for each state, to strict criteria of whether or not applicable to drunk driving, it is possible to weight penalties for repeat offenders, federal law, prohibits the consumption and possession of in the car of liquor we have the container is opened We are looking for the enactment of laws that prescribe that shows each of the matters to be prescribed by law. In addition to the penalties for drunk driving offenders, some states, regulates the measures for automobiles. As an example, we introduce the provisions attached to the license plate in Ohio and the special provisions of the ignition interlock device installation systems in Arizona. Starting with drunk driving, to combat incidents and accidents caused by drinking excessive alcohol, there are laws that regulate the offer and sale of alcoholic beverages in order to prevent excessive drinking by the state. In nearly all states have laws that prohibit the sale of alcoholic beverages to a person who has drunk, the offer. In addition, in more than half of the state, has banned the practice of promotion, such as time of service and dining habits that encourage excessive drinking. For violations, although there are provisions such as fines or license suspension of liquor sales, there is also a problem that the executive has not been fully made.

참고문헌 (18)

  1. 박민영, "미국의 음주운전자 차량에 대한 차량몰수제도에 관한 고찰", 법학논총, 24(3), pp.37~64 (2012), 법학연구소
  2. 박상식, "음주운전에 대한 형사법적 고찰", 법학연구, 13 (2005), 경상대학교 법학연구소
  3. 이상경, "음주운전단속 및 처벌기준과불복절차에 대한 비교법적 연구 - 미국의 입법체계를 중심으로 -", 법학연구, 21(4), pp.233~263 (2011), 법학연구원
  4. 정한중, "미국의 상습적 음주운전 방지대책과 시사점", 동아법학, (56), pp.191~226 (2012), 법학연구소
  5. 최석윤, "음주운전에 대한 형사정책의 문제점과 개선방안", 형사정책, 23(2), pp.241~264 (2011), 한국형사정책학회
  6. 황현락, "음주운전 관련 법제의 문제점과 개선방안 고찰", 한양법학, (35), pp.191~227 (2011), 한양법학회
  7. 岡久慶, "イギリス 交通安全法案", 外国の立法, ~ (2006)
  8. 米国の道路システムとサービス事業, In 建設経済研究所米国事務所2004年度レポート, "垣内亜由美", 建設経済研究所, ~ (2005)
  9. 山本巧, "米国における道路交通安全施策の動向", 道路, (775) (2005)
  10. "Department of Transportation and Related Agencies Appropriations Act for Fiscal Year 2001, Pub. L. No. 106-346", ~ (2000)
  11. "Driving Under the Influence: A Report to Congress on Alcohol Limits", DOT HS 807 879, ~ (1992)
  12. "Family Plates Required", Bureau Messenger, ~ (2003)
  13. "Ohio Requires DUI ‘Scarlet Letter’ License Plates", ~ (2004)
  14. "Open Container Laws And Alcohol Involved Crashes-Some Preliminary Data-", ~ (2002)
  15. "Preventing Over-consumption of Alcohol-Sales to the Intoxicated and ‘Happy Hour’ (Drink Special) Laws", ~ (2005)
  16. "Repeat Intoxicated Driver Laws", ~ (2004)
  17. "Vehicle and License Plate Sanctions", ~ (2004)
  18. "Working Group On Achieving Ambitious Road Safety Targets Country Reports on Road Safety Performance United States", ~ (2006)

관련 논문AI추천

이 간행물의 다른 논문 (22건)