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A Study on the Decriminalization of Traffic Crimes

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(2), pp.653~670
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 8, 2025
  • Accepted : May 23, 2025
  • Published : May 31, 2025

Park, Seong-Cheol 1 Lee John Girl 1

1전주대학교

Accredited

ABSTRACT

Driving is essential in modern life. Most road traffic accidents do not violate social or ethical values. Traffic accidents are not intentional incidents that occur in our daily lives like ordinary crimes. Traffic accidents are simple violations of order or negligent acts due to carelessness. Decriminalizing traffic accidents can reduce various costs by reducing the workload of the judicial authorities. Therefore, traffic accidents should be decriminalized in order to maintain citizens’ lives and promote convenience, rather than making numerous people into criminals due to traffic accidents, causing various disruptions in social life, and causing economic and family instability, thereby impoverishing citizens’ lives. It is reasonable to regulate traffic violations as administrative violations of order, not crimes. Serious traffic violations should be subject to administrative measures, and orders to attend classes, community service, and treatment should be imposed. In addition, traffic crimes that cause casualties of minor magnitude are, in principle, decriminalized if an agreement or insurance is signed. It is also desirable to apply criminal sanctions as is currently the case for traffic crimes that cause casualties of serious injury or death.

Citation status

* References for papers published after 2023 are currently being built.