경찰 주취운전단속의 근거와 한계에 관한 연구

다국어 초록 (Multilingual Abstract)

Curbing on drunken drivers by the police should be understood as an operation for collecting datas and reviewing informations. The police investigate drivers whether they are driving while intoxicated or not. The investigation by police-officers is based on forceable articles of the law, so the compulsory operation should strictly have detailed contents on the law. : The based articles should be clear and specific. Laws in Korea opt law-governed administration as its fundamental principles. Thus, the operations of the police should be also suitable to law-governed administration. As the same reason, what police-officers check drivers driving in drunk should have an exact cause lawfully. But in reality, Road-Traffic Law gives the police sufficient rooms to swing in controlling drunk drivers. In the 41th article that is a basic regulation of checking drunken drivers, the Road-Traffic Law says curbing on drunk drivers can be done only when there is a reasonable cause that the police think it is necessary. It gives the police some spare to interpret it freely, so the article should be reformed into a precise content because it is against the principles of the law-governed administration.
There are two limitations in police-officers' activities of checking whether drivers are on the wheel while drunken.: a limit on regulation and a limit on general reason. First, the restraint on regulation is that the operation should be done to cause the least damages on traffic stream , traffic security and drivers, etc. It should also have a clear ground on law. Second, the one on general reason is that when police-officers implement the curb, they have to make sure traffic safety and not to cause traffic jam.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 주취운전 단속의 의의 및 법적 성격
• Ⅲ. 주취운전 단속의 법적 근거
• Ⅳ. 주취운전단속의 한계
• Ⅴ. 끝맺는 말
• 參考文獻
• ABSTRACT

참고문헌 (Reference)

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