도로교통법상 교통사고 신고의무에 관한 고찰

Abstract

By the Road Traffic Act, all of drivers should report to the police in case of the traffic accident. The Road Traffic Act 54, clause 1 of the law says, 'When a traffic accident happen, drivers should pull over the car and start to rescue the wounded or dead on the site, should report to the police about the situation of the accident except the case in which obviously only the driver's own car is damaged and every possible measures are performed by the driver, which are needed for the road safety by the clause 2 of the same article', and the violation against these clauses is being punished. Trough this overview, I considered the matter that the reporting regulation is still required or not after the judgement 'constitutional on condition' of constitution court 1990, which is saying that the reporting system is infringing on the right to remain silent, and considered actual range of the traffic accident report through the supreme court judgement so far, and studied if this mandatory reporting system is operated well on the base of the comparative study for the numbers of the cases in which the police appled the rule and the numbers of cases in which are reported by the insurance companies and the cases handled by the police. The studies found that the act 54, clause 2 which is saying the reporting for all of the traffic accidents following any casualties is partially not concord with the judgements of the supreme court and the constitution court, and the result of the comparison the number of the cases which are handled by the police with that of the cases which are reported by the insurance companies reveals some problems that there are some omissions in the application for the rule and difficulties during law enforcing on those cases, and also found that almost every drivers misunderstand the exact meaning of the rule especially after the judgement 'constitutional on condition' of the constitution court. In conclusion, it needs to amend some articles and clauses as follows; 1. to rescind article 154, clause 4 or perish the punishment against them, 2. to revise the annex clause that is differentiating the accidents between following casualties and none of them, 3. amend the article 54, clause 2 which is saying 'appropriate measures and steps' into a new one that mentions the duty of exchanging information on the accident and rapid steps for the road safety and recovery for the traffic currency, and regulate obviously only in case that they could not, they should report to the police that accident.