교통사고처리특례법의 문제점과 존폐논의에 대한 검토

Abstract

The legislative purpose of 「Act on Special Cases concerning the Settlement of the Traffic Accidents (ASCSTA)」is to facilitate a prompt recovery of damages caused by traffic accidents and to promote convenience for people's everyday life by providing special cases on criminal punishment for drivers involved in traffic accidents through occupational or gross negligence. But, at 02. 26. 2009, concerning ASCSTA Art. 4 ①, in 7-2 ruling, the Constitutional Court said that this clause violate fundamental rights of the constitutional law of the victims, the right to state during the proceedings of the trial and the right of equality. According to the amendment in conformity with the decision of the Constitutional Court, drivers inflicted serious bodily damage shall be subject to criminal punishment if there was no agreement with the victim. However it remains an interpretative problem with reference to exceptions of punishment prescribed the condition of Art. 3② and Art. 4. According to the body and condition of Art. 3②, the drivers that caused the accident should not be punished against the victims intention unless the drivers does not apply to eleven exceptional conditions of Art. 3②. Further, as prescribed by Art. 4, if the drivers that caused the accident take up an full insurance coverage, it was regarded that the victims don't want to punish the drivers that caused the accident. But above-mentioned two exceptions prescribed the condition of Art. 3② and Art. 4 do not relate with the legislative purpose of ASCSTA. This legislation case such as the exception of Art. 4 in ASCSTA is especially unparalleled in any other country in the world. Consequently, it is desired that we should abolish two exceptions prescribed ASCSTA and prescribe the punishment of driver's illegal act relative to the accident through rather negligence crimes of the Criminal Law than a special law such as ASCSTA.