교통분야 형벌법규의 현황과 문제점

Abstract

The rate of traffic accidents in Korea is much higher than that of OECD countries, which results in the tremendous economic cost. And the increasing road traffic crimes is a great burden on our society and criminal justice system. There are two conflicting views on the regulation of them. The first view is that the simple violation of traffic Acts and subordinate statutes should be lightly punished. The other view is the principle of strictly punished to maintain the traffic order and traffic accidents. Like of it, the government has been making efforts to maintain the traffic order and to prevent traffic offences through many kind of laws. For example, notification disposition, which was originally introduced to guarantee government revenue through prompt and rapid procedure for criminals related to nation’s finance, was introduced to reduce excessive burden of judicial authorities, to simplify the criminal procedure and to achieve the goals promptly and easily. But there ars some problems, whether it is reasonable to transfer the power of judicial authorities to the executive, shaking the principle of “separation and balance”. And we overlook the procedure for redemption or the ways for objection. And “Act on Special Cases Concerning the Settlement of Traffic accidents” was made and performed ender aim of punishment-exception of offender and prompting prompt restoration of victim. But the aim might be hard to achieve, because “non-punishment against victim’s will” let the victim hardly receive effective protect and compensation and punishment-exception result in weakness of law-abidingness. This article analyze particularly critical and present s guideline for the regulation of traffic offences. As a result, in principle, the treatment of offender is regulated not in special acts but criminal act. And the types of crimes related to “non-punishment against victim’s will” should be strictly defined.