뺑소니 交通事故에 관한 硏究

다국어 초록 (Multilingual Abstract)

Automobiles are necessary things in our life, but traffic accidents are one of representative disasters which threat our life. As of late 2004, the number of the people who died of car accidents was 3. 9 per one million cars and 13.6 per 10 millions of the population. The evaluation is the lowest in the member countries of OECD, which indicates that our country is behind the international standards. The thing that describes low standards of our country definitely is that drivers run away after they cause car accidents.
The runningaway is a crime by intention while normal car accidents are caused by faults of drivers. As it is a very malignant crime, the police prepared the police system in charge of runningaway car accidents alone in 1997 to eliminate the runningaway, but the ability to prevent and arrest criminals has not been improved yet.
So, this study aims to making every effort to control runningaway crimes basically, arrest criminals through scientific investigational activities when such crimes happen and prevent the people from being victims of runningaway. Therefore, it speculates theoretically the concept, characteristics and components of normal car accidents to understand runningaway car accidents.
Then, it outlines the current status of runningaway car accidents and insurance to save the victims. The following problems of runningaway accidents are presented: in legal and institutional aspects, punishment by legal courts focusing on heavy crimes, lack in guilty mind due to exemption from legal action as criminals are considered as obtaining agreement from victims if only the criminals of the runningaway are admitted to general insurance in terms of Car Accidents Special Case Law, visual admission of car number board, confusion of unlicensed car repair centers, and increased no-insured cars due to premium rate of general insurance are factors which cause runningaway car accidents. In respect to investigation, lack in professionalism of the investigators, the investigational staff and investigational infrastructures are the factors that influence runningaway accidents.
To solve the problems, this study suggests as follows: in respect to institutions, punishments in legal court should be mitigated in terms of the special case extra punishment law, the range of special case should be reduced and punishments should be reinforced in terms of the car accidents special case law, visual admission of car number board should be improved, the people who witness the runningaway should report it exactly and insurance system should be unionized to decrease no-insured cars. To improve investigational power, the investigational staff should be professionally trained, scientific investigational equipment should be introduced, risk that anyone can be victims of runningaway accidents should be promoted, psychological pressure that any one who caused runningaway are inevitably arrested should be given through strong regulation. So, only when preceeding actions leading to runaway are eliminated, runningaway can be prevented.
Finally, there are 15 million cars running in our country and car accidents are frequently happening. However, as the persons who cause car accidents are generously treated as faulty criminals, their guilty mind is very weak.
Therefore, runningaway which is inhuman and shameless is increasing, but little attention is given to it, which is very frustrating. Runningaway must be eliminated. For the purpose, the most important thing is that victims should be first saved when accidents happen. As long as drivers who cause murder keep wrong recognition that they are unlucky to cause accidents, runningaway will not decrease.

목차 (Table of Contents)

• ABSTRACT
• 第1章 序論 = 1
• 第1節 硏究의 目的 = 1
• 第2節 硏究의 範圍와 方法 = 3
• 第2章 交通事故 一般 = 5
• 第1節 交通事故의 槪念 및 特性 = 5
• 1. 交通事故의 槪念 = 5
• 2. 交通事故의 特性 = 6
• 第2節 交通犯罪의 構成要件 = 8
• 1. 차에 의한 事故 = 8
• 2. 차의 交通에 의한 事故 = 8
• 3. 被害의 結果發生 = 9
• 4. 業務上 過失 = 10
• 第3節 交通事故 關聯法律 = 11
• 1. 道路交通法 = 11
• 2. 交通事故處理特例法 = 12
• 第3章 뺑소니交通事故 = 14
• 第1節 뺑소니交通事故의 槪念 = 14
• 第2節 뺑소니交通事故의 特性 = 17
• 1. 故意性 = 17
• 2. 高度의 非難可能性 = 18
• 3. 搜査의 困難性 = 19
• 4. 被害者 救濟의 困難性 = 19
• 5. 被害者 및 加害者의 特性 = 20
• 第3節 特加法上 뺑소니交通事故 = 21
• 1. 成立要件 = 21
• 2. 處罰內容 = 27
• 3. 事故發生時 措置義務違反과의 關係 = 30
• 4. 다른 刑事犯과의 關係 = 31
• 5. 法適用上의 論議 = 33
• 第4節 外國의 立法例 = 35
• 1. 獨逸 = 35
• 2. 프랑스 = 37
• 3. 日本 = 37
• 4. 英國 = 40
• 5. 스위스 = 40
• 6. 오스트리아 = 41
• 7. 비인 협약 = 42
• 第4章 뺑소니交通事故의 現況 및 處理 = 43
• 第1節 뺑소니交通事故 現況 = 43
• 1. 最近 交通事故의 推移 = 43
• 2. 交通事故의 原因 = 47
• 3. 뺑소니交通事故의 發生 및 檢擧 現況 = 48
• 4. 뺑소니交通事故의 類型別 現況 = 50
• 第2節 뺑소니交通事故의 處理 = 53
• 1. 뺑소니交通事故의 處理組織 = 53
• 2. 뺑소니事件의 處理體系 = 53
• 3. 뺑소니交通事故의 補償實態 = 57
• 第5章 뺑소니交通事故의 問題點과 對應方案 = 62
• 第1節 問題點 = 62
• 1. 法·制度的 側面 = 62
• 2. 搜査의 側面 = 71
• 3. 被害者의 側面 = 75
• 第2節 對應方案 = 76
• 1. 制度의 整備 = 76
• 2. 搜査力 提高 = 82
• 3. 國民意識 提高 = 85
• 4. 事故惹起者의 心理的 强制 = 86
• 第6章 = 結論88
• 參考文獻 = 91
• <國內文獻> = 91
• <外國文獻> = 92