지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Article 5 Section 3 of the Additional Punishment Law on Specific Crimes in Traffic Laws was enacted by terms of extending circumstances not to fulfill the duty of the measure, even though it is regulated in Korean Traffic Laws to remove injuries and damages of a person in case of emergency of the accident.Therefore, it is rational to interpret it as follows;
First, the definition of the traffic should be interpreted as an act resulting from or closely involved in driving, even if it does not have meanings but depend on interpretation.
Second, the duty of the measure (Article 54 Sectionl) in Korean Traffic Laws was reformed that it enables to adopt to any other places aside from a road and hit and run seems to applythe sites. However, in order to establish the hit and run crime, it is appropriate with respect to the benefit and protection and purpose, and requisite of the law that it should interpret not to apply to other places besides the road.
Third, the interpretation of "any other measures needed including the duty of the rescue" should correspond with the benefit and protection of the law because its provision is ambiguous and abstract. Also, it is natural that there is no duty of the notice on the reporter"s identity because the main benefit and protection is "safety of victims" life and body, resulted in the accident and safety of traffic additionally."
Therefore, the amendment of the Additional Punishment Law on Specific Crimes should be stipulated that it requires "a series of acts which make it difficult to find and rescue a victim because a driver involved in the accident moves the victim from the site of the accident to other places or conceals him or her".
First, the definition of the traffic should be interpreted as an act resulting from or closely involved in driving, even if it does not have meanings but depend on interpretation.
Second, the duty of the measure (Article 54 Sectionl) in Korean Traffic Laws was reformed that it enables to adopt to any other places aside from a road and hit and run seems to applythe sites. However, in order to establish the hit and run crime, it is appropriate with respect to the benefit and protection and purpose, and requisite of the law that it should interpret not to apply to other places besides the road.
Third, the interpretation of "any other measures needed including the duty of the rescue" should correspond with the benefit and protection of the law because its provision is ambiguous and abstract. Also, it is natural that there is no duty of the notice on the reporter"s identity because the main benefit and protection is "safety of victims" life and body, resulted in the accident and safety of traffic additionally."
Therefore, the amendment of the Additional Punishment Law on Specific Crimes should be stipulated that it requires "a series of acts which make it difficult to find and rescue a victim because a driver involved in the accident moves the victim from the site of the accident to other places or conceals him or her".
목차
I. 머리말
II. ‘자동차 등의 교통으로 인하여‘의 의미
III. 당해 차량의 운전자
IV. 구호의무 등 기타 필요한 조치
V. 맺음말
참고문헌
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UCI(KEPA) : I410-ECN-0101-2013-360-001499045