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@article{ART002382805},
author={Hong, Tae-Seok and Kwon Yangsub and Byong Sun Kwack and Jongchan Lee},
title={An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2018},
volume={6},
number={3},
pages={231-252}

TY - JOUR
AU - Hong, Tae-Seok
AU - Kwon Yangsub
AU - Byong Sun Kwack
AU - Jongchan Lee
TI - An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type
JO - Legal Theory & Practice Review
PY - 2018
VL - 6
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 231
EP - 252
SN - 2288-1840
AB - Most traffic accidents are caused by the driver's fault. If self-driving cars are commercialized, such accidents can be prevented due to driver error. However, even a perfect self-driving car cannot deny the danger of accidents.  The self-driving car accident types are expected to include accidents caused by intentional negligence of the driver (owner), mechanical failure of the vehicle, accidents caused by software malfunction, accidents caused by incorrect information, and accidents caused by hacking. If a self-driving car is involved in an accident while driving, the problem of legal responsibility is different from that of a car accident. We are asking for a new solution. Among the various legal issues, the least solvable is the issue of criminal punishment. The question of whether or not a self-driving car accident is a matter of science. It is a matter of normality, and especially criminal liability should be addressed in relation to the principle of liability, which is the basic principle of criminal law. From level 1 to level 3 of self-driving mode, a person (driver) becomes the main body and cars are driven. In the event of a driving accident, there is no legal problem in implying the responsibility for the accident to the driver as it is now. However, in level 4, there is no driver for self-driving cars. All passengers are merely in position. To impute a driver to a criminal negligence according to the existing law would be contrary to the criminal responsibility.  In this paper, we looked at the concept of self-driving cars and their current technology. The accident patterns that may occur if self-driving cars are commercialized were investigated. After analyzing the criminal liability for each level of self-driving cars, we looked at each criminal law issue.
KW - autonomous driving car;autonomous driving car and criminal law;autonomous driving car accident;criminal responsibility;autonomous driving car legal issue.
DO -
UR -
ER -

Hong, Tae-Seok, Kwon Yangsub, Byong Sun Kwack and Jongchan Lee. (2018). An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type. Legal Theory & Practice Review, 6(3), 231-252.

Hong, Tae-Seok, Kwon Yangsub, Byong Sun Kwack and Jongchan Lee. 2018, "An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type", Legal Theory & Practice Review, vol.6, no.3 pp.231-252.

Hong, Tae-Seok, Kwon Yangsub, Byong Sun Kwack, Jongchan Lee "An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type" Legal Theory & Practice Review 6.3 pp.231-252 (2018) : 231.

Hong, Tae-Seok, Kwon Yangsub, Byong Sun Kwack, Jongchan Lee. An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type. 2018; 6(3), 231-252.

Hong, Tae-Seok, Kwon Yangsub, Byong Sun Kwack and Jongchan Lee. "An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type" Legal Theory & Practice Review 6, no.3 (2018) : 231-252.

Hong, Tae-Seok; Kwon Yangsub; Byong Sun Kwack; Jongchan Lee. An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type. Legal Theory & Practice Review, 6(3), 231-252.

Hong, Tae-Seok; Kwon Yangsub; Byong Sun Kwack; Jongchan Lee. An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type. Legal Theory & Practice Review. 2018; 6(3) 231-252.

Hong, Tae-Seok, Kwon Yangsub, Byong Sun Kwack, Jongchan Lee. An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type. 2018; 6(3), 231-252.

Hong, Tae-Seok, Kwon Yangsub, Byong Sun Kwack and Jongchan Lee. "An Exploratory Study on Criminal Responsibility of Self-driving Car Accident Type" Legal Theory & Practice Review 6, no.3 (2018) : 231-252.