음주운전단속 및 처벌기준과 불복절차에 대한 비교법적 연구 -미국의 입법체계를 중심으로- = A Comparative Legal Study on the Restrictions of Drinking Driving, and its Criminal and Administrative Adjudication, and the Appeal Procedure -Focused on the Legislations of the United States-

다국어 초록 (Multilingual Abstract)

It is true that traffic accidents caused by the driving under influence have been increasing every year. In addition to criminal penalties imposed on the violation of the traffic laws, 400-500 thousand driving licenses have been revoked each year. Since 5% of those revocations, namely about 20 thousands cases, have been brought to the administrative adjudication procedure, it seems necessary to device more reasonable measures to cope with the issues of the driving under influence in terms of comparative study regarding the criminal and administrative procedure, and the procedure for the appeal in specific. In this regard, it is meaningful to study the concrete standards of the restrictions on the driving under influence in each and every state of the United State including Sobriety Check Point System. The diversity of the standards in the United States shows us that each state sets up a standard for the citizens` security of life, body and property, and the welfare in consideration of the rate of accidents under influence and the damages causes by those accidents. We are able to learn lessons from this features that in order to reduce the rate of the accidents related to the driving under influence, we may introduce not only the strong penalties but also a variety of measures to prevent the accidents. Recently, in Korea the issues of the driving under influence come under the spot light and it is assumed that there have been huge amount of social and economic loss and the loss of life because of the accidents caused by the drinking driving. In order to deal with these issues more positively, we need to establish the more effective and objective penalty systems with respect to the standards of the restrictions and penalties on the drinking driving, focusing on the restrictions and penalties in a comparative way.

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