음주운전단속 처리의 규범적 발전방향

Abstract

In this study, Regarding the 'driver of alcoholic mouthwash(Oral cleansers)' review Management system of oral cleanser, Law and penalties for drunk driving, Processing procedure. And after examining Oral cleanser driver’s Whether alcohol drinking is prohibited or not, Normative Problems of the Procedure for Demanding Drinking, Problems of non-compliance with drinking measurement, Limitations of drinking measurement Process, Difficulty in proving damage. Presented for drinking measurement process of Oral cleanser driver. Oral cleansers are classified as quasi-drugs and there is no restriction on sales, Products containing alcohol at regular alcohol levels are circulation. Police have measured on drunken people based on the Road and Traffic Act, The traffic enforcement process guidelines as an internal guide provide for enforcement procedures. Those who drink and drive are subject to criminal punishment and administrative disposition based on the results of police drinking measurement. According to the review of the control system of oral cleaner drivers, The oral cleaner driver's violation of the prohibition against drunk driving is determined by the blood sampling. Also the traffic enforcement process guidelines, which specify the drinking water measurement request procedures, are not properly managed and It can be interpreted without legal basis and violate ‘Nulla poena sine lege’. and it is difficult to prove the damage that occurs during the interception process. Therefore, Necessity of basis for Control through Delegation Legislation, Introduction of priority blood sampling system, Treatment of oral cleansing driver by Internal Investigation, Introduction of Actual Cost Compensation System were suggested as a countermeasure for Oral cleanser driver’s drunk driving measurement process.