주취운전의 형사책임 - 원인에 있어서 자유로운 행위를 중심으로 -The Criminal Responsibility of Driving While Intoxicated - Focusing on actio libera in causa -
- Authors
- 이정훈
- Issue Date
- 2009
- Publisher
- 한국경찰법학회
- Keywords
- 음주운전; 주취운전; 원인에 있어서 자유로운 행위; 위험운전치사상죄; 도주운전죄; 음주측정불응죄; Driving While Intoxicated; actio libera in causa; thecrime of fatal driving style; Act on the Aggravated Punishment of Specific Crime; Road Traffic Act
- Citation
- 경찰법연구, v.7, no.2, pp 60 - 93
- Pages
- 34
- Journal Title
- 경찰법연구
- Volume
- 7
- Number
- 2
- Start Page
- 60
- End Page
- 93
- URI
- https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/33614
- DOI
- 10.22826/jpl.2009.7.2.60
- ISSN
- 1598-8961
- Abstract
- In this article, I have reviewed the issues about the liability of
drunken driving including theories and judicial precedents. According to
legislator and case, traffic accidents by drunken driving should be
regarded as the case which is not remissive for criminal responsibility.
For exemple, when it can be applied to the crime of fugitive from
drunken driving or the crime of fatal driving style, it is not accepted by
the clause ‘actio libera in causa’ in Criminal Act. Futhermore, even if
someone is not drunken, he does not consent to test of alcohol, he will
be punished as the crime of refusal balloon test. 102)
In general Driving While Intoxicated is regarded as the behavior of
prohibition. So many strong legislation is made to prevent drunken
driving. But it may lead to the revival of the Volstead Act if drivers are
punished of drinking though he can drive without abnormal mental
state.
I think that strengthening the criminal responsibility of Driving While
Intoxicated is only one of the measure, it will not be used for shrinking
the sound drinking culture and leading to limited interpretation that
mentally or physically incompetence is not applied to Drunken driving.
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