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Review on Improvement of penalties and fines for traffic violations

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 88(), pp.177-192
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2019
  • Accepted : November 20, 2019
  • Published : November 28, 2019

WON JUNG KIM 1

1청주대학교

Accredited

ABSTRACT

Traffic development causes an increase in the numbers of drivers and vehicles using roads every year, leading to growth in traffic accidents. To prevent the traffic accidents, <Road and Traffic Law> stipulates articles of violations of traffic law. Road and Traffic Ordinance states penalty and fine should be imposed on those who violate traffic law to cut down traffic law violations. Penalty and fine both have two goals of institutions. First, the both institutions play a role of punishing drivers when they do not keep traffic laws. By doing so, they intend to curb future violations of traffic law. Penalty and fine imposed on violations of traffic law for traffic safety are levied on violators differently depending on the sanction being on people or on things. It is doubtful, however, that they work well in preventing violations of traffic law because they place different sanction against same violator, not same sanction. Furthermore, each of penalty and fine has its own characteristics in its own original meaning. Yet, the current law system dose not regard the both differently and even those characteristics are simply decided by legislation. Thus, this research analysed the ambiguity of sorting the features of penalty and fine out, as well as their effectiveness in keeping drivers from breaking traffic law. In order to cope with the problems based on the above analysis, it suggested alternative measures to improve the present penalty and fine system so that it can attain their goal of getting violations of traffic law declined.

Citation status

* References for papers published after 2022 are currently being built.