난폭･보복운전 대응을 위한 입법적 개선방안

Abstract

The aim of this thesis is to analyze the road traffic laws including criminal law related with traffic safety for the prevention of the reckless driving and road rage in Korea. Although it has been six years for the regulation of preventing the reckless driving to be enforced in Korea, the cases of reckless driving have not been decreased until a recent date. There are several characteristics in Korean Road Traffic Act compared with that of the countries like Japan and Australia about the prevention of reckless driving. Firstly, it is required to have the elements of the persistence and complexity including repetitiveness in reckless driving in Korean Road traffic Act, it must be difficult to apply the traffic law to many one-time reckless driving cases from the view point of the prevention of car accident. Secondly, there is no aggravated punishment for the repeated offender in Korean Road Traffic Act, it must be difficult for the reckless drivers as the repeated offender to know in advance the seriousness or the dangerousness about the reckless driving. Thirdly, it is also difficult for the Korean drivers to recognize the danger and the prohibition of the road rage and reckless driving due to the regulations scattered in many laws like criminal law and the Road Traffic Act including “Act on Special Cases concerning the Settlement of Traffic Accidents”, therefore it is required to arrange the regulations related with the reckless driving and road rage in the Korean Road Traffic Act inclusively. Fourthly, it can be necessary to impose the regulation of vehicle seizure about the serious reckless driving in Korea. Besides, it is still necessary to review and reflect the effectiveness of the traffic safety education including the development about the smart transportation system for the decrease of reckless driving in Korea.