교통사고 처리 특례와 처벌 - 반의사불벌과 보험 가입을 중심으로

Abstract

This research reviewed issues pertaining to the Act on Special Cases Concerning the Settlement of Traffic Accidents in which no punishment against will and an auto insurance. The current Act has been applied without significant amendment since it was acted in 1981. Although four small amendments were created, these amendments have not affected the clause of no punishment against will and the auto insurance. However, the Act has some issues to be discussed in side of not only normative aspects but also empirical aspects because a principle of no punishment against will and the affiliation of auto insurance automatically exempt from criminal prosecution. As issues of normative side, first, the principle of no punishment against the will does not suit its legislative purpose of victim protection and rapid recovery. Second, it already lost a main function to attract vehicle drivers to buy an auto insurance because the current affiliation rate of auto insurance is enough high and the drivers do not recognize a hidden relationship between the comprehensive coverage and criminal prosecution. Third, it leads that the punishment depends on offender’s ability to recover the damage in spite of same amount of the negligence. It also reveals an inequality issue because other negligence crimes such as marine, aviation, or medical accident has not admitted any special settlement clause. Furthermore, it is found that a factor of victim’s will not to punish the offender and other factors such as sincere remorse, affiliation of comprehensive auto insurance, deposit money, and criminal consensus are repeatedly found to mitigate the decision of suspended sentence. In addition to the normative aspect, an empirical result which were analyzed using a logistic regression for traffic crimes on in-out decision showed that a significant factor is “sincere remorse” which is related only to the offender’s attitude, not a victim protection. It tells us an inefficiency and inaccuracy of the guideline of suspended sentence disengaged to the normative discussion. The other detailed discussion and policy implications of the Act on Special Cases Concerning the Settlement of Traffic Accidents will be found in the context.