As a road traffic offence is a crime of violating the traffic safety of the public and the safety on life·body·property of the public through obstructing traffic intentionally or negligently, it is the offence that daily happens very extensively in ... As a road traffic offence is a crime of violating the traffic safety of the public and the safety on life·body·property of the public through obstructing traffic intentionally or negligently, it is the offence that daily happens very extensively in modern society. Many special laws came to be newly established the regulations in line with diverse criminal forms in order to prevent this road traffic offence. According to the legalization in various road traffic crimes to which the punishment is administered in this way, a discussion about the decriminalization in road traffic offence was active in the academic circles. However, the road traffic offence like reckless driving or retaliatory driving, which become an issue these days, and the drunk driving & the hit-and-run driving, which had been recognized as a serious road traffic crime from before, are being punished relatively sternly in a regard of having great dangerousness that violates or may infringe on even the safety in an individual's life·body·property as well as the traffic safety. In other words, a discussion about a road traffic offence is needed in a different dimension from a discussion about decriminalization. A discussion will need to be made about whether the administration as the serious punishment leads to effectively inhibiting crime occurrence, whether its severe punishment is forming a balance in light of a legal system with adequacy, and which different criminal policy-based measures there are along with this punishment. Accordingly, the purpose of this study is to prevent and control the major road traffic offences and to settle sound traffic culture by suggesting a problem and an improvement plan for the current legislative system on this with naming reckless driving, retaliatory driving, drunk driving, and hit-and-run driving as the main road traffic crimes. First of all, the reckless driving is punished by Article 151.2 of the Road Traffic Act. A case of the retaliatory driving is punished by Article 258.2 in the criminal law(special injury), Article 261(special violence), Article 284(special intimidation), Article 369(special wealth destruction) owing to a defect in the specified corresponding provisions. Accordingly, a case of retaliatory driving is applied the criminal law. An imbalance in punishment is serious compared to reckless driving, which is applied the road traffic Act. Hence, the retaliatory driving offence needs to be newly established in the road traffic Act. Also, there is no regulation that can punish it as the consequently aggravated crime when the reckless·retaliatory driving leads to the outcome of injuries. Thus, even the regulation on this needs to be newly established. And other than punishing the reckless·retaliatory driving, the special traffic safety education needs to be reinforced for the psychological therapy and education targeting reckless·retaliatory drivers. The drunk driving is punished by Article 148.2 in the road traffic Act and Article 5.11(fatal driving style penalty) in 「The Law on Aggravated Punishment of Specific Crimes」(hereunder called ‘Teukgabeop.’). That is to say, when making a person reach casualty due to committing the drunk driving offence(Article 148.2 of the Road Traffic Act), the fatal driving style penalty(Article 5.11 of Teukgabeop) is established. In this case, a judicial precedent is regarding a relationship between two offences as a relationship of the substantive concurrent crimes. Thus, there is a problem of dangerousness in which the punishment may be administered highly. Accordingly, in a regard of being more appropriate to see a relationship of two crimes as a form of the consequently aggravated crime, the fatal driving style penalty in Teukgabeop(The Law on Aggravated Punishment of Specific Crimes) needs to be included in the consequently aggravated crime pertinent to the drunk driving in the Road Traffic Act. In addition, there is a need to prohibit re-acquisition in case of the drunk driving by intensifying a license deprivation system(three strike out system). The major road traffic offences excluding the drunk driving seem to be necessarily prevented through introducing the license deprivation system. And there is a need to toughen the standard of the drunk driving and the disqualified standard of re-acquiring the passenger car driving license by taking a point that there is a bigger dangerousness in passengers' safety in case of a passenger car driver. As for a concept of 'escape' in the drunk driving, a judicial precedent is expanding and applying a scope of application in the hit-and-run driving offence including even a case of leaving the scene of the accident with a failure in a duty of the identification measure as well as a case of going off the scene of the accident with a failure in a duty of the relief action. But the main reason of punishing the hit-and-run driving crime as Teukgabeop is put in causing a risk on a victim's life and body by which the driver of the accident makes a getaway without fulfilling a duty of relief action. Hence, there is a need to exclude the driver from a range of escape when the driver of the accident leaves the scene of the accident with a failure in a duty of the identification measure. Also, there is a need to reduce a fear of the aggravated punishment on the hit-and-run driving by newly establishing a regulation of pleading down the sentence when a hit-and-run driver takes relief action or action by returning to the scene of the accident within a certain time. Finally, to prevent the primary road traffic offences, the equipment installation(black box, vehicle engine locking system) should be obliged. For the prevention of the posteriori repeated crime, a compulsory psychological therapy on the major road traffic offenders needs to be carried out side by side. And a range of the criminal victim as rescue object should be expanded so that a victim of the main road traffic offences can be applied the current Crime Victim Protection Act. A specific plan needs to be arranged in which the secondary victim can be guaranteed through expanding a support for a victim. ，韩语论文题目，韩语毕业论文 |
