• 제목/요약/키워드: traffic law

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교통법규 위반자에 대한 사면과 교통사고 발생 간의 인과순환적 관계에 대한 연구 (A study on the Causal Feedback Relationship between Special Pardon for Traffic Law Violators and Traffic Accidents)

  • 최남희
    • 한국시스템다이내믹스연구
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    • 제10권4호
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    • pp.53-72
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    • 2009
  • More than 24.43 million people received a special pardon to mark the anniversary of Liberation Day on Aug. 15 and to commemorate other national event, during 15years(1995-2009), in this period six times of presidential pardon was implemented. The special pardon allows traffic law violator to drive again with their violation records wiped clean. But traffic records show that traffic accidents used to increase very fast in a short period by up to 3-15 percent after implementing the every massive pardons. This study explores the causal feedback relationship between presidential special pardon for traffic law violators and the occurrence of an traffic accidents using a system thinking approach and simulation modelling. Particularly, this study focused on the analysing significant negative impact of the traffic pardon on the occurrence of worrisome traffic accidents. The results of this study show that presidential special pardon have had impact on the traffic accidents as a increasing leverage of positive feedback loop and the obedience of traffic law as a decreasing leverage of negative feedback loop. Finally, this study conclude that the cyclical increasing pattern of traffic accident is resulting from the periodically conducted presidential pardons with political aims.

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중국의 해상교통안전법 (The Maritime Traffic Safety Law of P.R. China)

  • 박용섭
    • 수산해양교육연구
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    • 제5권1호
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    • pp.15-22
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    • 1993
  • The Maritime Traffic Safety Law of P. R. China has not the legal nature of navigation rule which regulates the vessel traffic directly but has the legal nature of management to ensure the safety and good order of the whale marine traffic. For that reason, the legal status of this Law is a general basic norm for the marine safety regulations rather than a definite enforcement regulation. This Law does not have any clear statements on adaptation of the steering and sailing rules of the International Regulations for Preventing Collisions at Sea, but it can be presumed the Convention would be applied on the viewpoint of the international practice. The subject matter of this Law is easily understandable, because the IMO and shipping countries have already made similar legislation. Since the maritime traffic condition of the P. R. China also has a direct effect upon the Korean coastal waters, it is essential to observe closely the process of enforcement and development of the P. R. China's Maritime Traffic Safety Law.

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교통법규 위반 범칙금의 효율적 수준 설정 모형 개발 (신호와 제한속도 위반 중심) (Modeling of the Effective Levels of Traffic Violation Fines)

  • 장일준
    • 대한교통학회지
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    • 제27권3호
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    • pp.111-118
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    • 2009
  • 교통사고 발생은 도로 여건이나 운전자 의식 등의 문제로 발생할 수 있으나 운전자 상호간 또는 운전자와 보행자 사이의 지켜야할 사항을 규정하는 교통법규를 위반할 경우 차량 또는 보행자의 교통사고 노출 가능성이 높아져 교통사고로 이어지는 경우도 상당부분 발생한다. 따라서 교통안전 선진국에서는 이러한 메커니즘의 교통법규 준수율을 높이기 위해서 교통법규를 위반하는 운전자들이 경제적으로 부담을 느껴 "교통법규 준수"라는 행동을 선택할 수 있을 정도의 수준으로 교통법규 위반 범칙금을 책정하고 있으며, 경제가 발전 할수록 범칙금 수준도 향상 시키고 있는 실정이다. 반면, 우리나라는 국민 정서 문제를 앞세워 지난 20년간 교통법규 위반 범칙금 수준을 크게 향상시키지 않았다. 따라서 본 연구는 운전자의 교통법규 준수율을 높일 수 있는 방안에 대하여 경제논리를 적용하여 효율적 교통법규 위반 범칙금 수준을 책정하는 방안을 도출하였다. 속도위반 및 신호위반 등 교통사고와 연관성이 높은 교통법규 사항에 대하여 운전자의 "법규 위반" 또는 "법규 준수"의 행동 선택에 있어서의 기대효용을 수치화 하여 현재 운전자가 기대하는 "교통법규 위반시 단속기대 확률"을 유지할 경우 적정 범칙금 수준과 현재의 범칙금 수준을 유지할 경우 "효율적 단속기대 확률" 등 두 가지의 교통정책 방안을 제시하였다.

항공기 사고와 인적요인 -관제사의 불법행위를 중심으로- (Human-based aviation accidents with air traffic controller torts)

  • 김선이;백경원
    • 항공우주정책ㆍ법학회지
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    • 제32권2호
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    • pp.67-100
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    • 2017
  • 항공산업이 비약적으로 발달을 함에 따라, 항공기사고의 위험성도 커지고 있다. 본 논문에서는 항공기사고의 인적요인 중 하나인 항공교통관제사 불법행위를 중심으로 다루었다. 현재 우리나라의 법령상 항공교통관제사의 불법행위 대한 책임을 규정한 명문은 없다. 따라서 국가공무원으로서의 항공교통관제사의 법적책임에 대하여 헌법제 29조1항과 국가배상법의 적용 여부를 살펴보았다. 실제로 우리나라는 항공사고의 원인이 항공관제사 과실에 의한 것이라는 유일한 판례가 1971년에 선고된 이후, 항공사고조사결과 관제사의 과실이 사고의 주요요인이었다고 함에도 불구하고 추가판례가 없는 상황이다. 본 논문은 항공사고에 있어서 관제사와 조종사간 요인 뿐만 아니라, 관제사에 대한 실제로 법령의 적용가능성을 해외사례를 통해 살펴보았다. 항공교통관제라는 특수한 업무가 고강도의 업무스트레스를 갖는 업무라 할지라도, 항공교통관제의 최종목적인 항공기의 안전한 운항을 책임지고 있는 전문가로서 항공기사고의 원인이 되었다면, 그에 따른 법적 책임은 져야 한다는 내용을 다루었다.

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대형교통사고 판별모델 구축에 관한 연구 (A Study on Establishment of Discrimination Model of Big Traffic Accident)

  • 고상선;이원규;배기목;노유진
    • 한국항만학회지
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    • 제13권1호
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    • pp.101-112
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    • 1999
  • Traffic accidents increase with the increase of the vehicles in operation on the street. Especially big traffic accidents composed of over 3 killed or 20 injured accidents with the property damage become one of the serious problems to be solved in most of the cities. The purpose of this study is to build the discrimination model on big traffic accidents using the Quantification II theory for establishing the countermeasures to reduce the big traffic accidents. The results are summarized as follows. 1)The existing traffic accident related model could not explain the phenomena of the current traffic accident appropriately. 2) Based on the big traffic accident types vehicle-vehicle, vehicle-alone, vehicle-pedestrian and vehicle-train accident rates 73%, 20.5% 5.6% and two cases respectively. Based on the law violation types safety driving non-fulfillment center line invasion excess speed and signal disobedience were 48.8%, 38.1% 2.8% and 2.8% respectively. 3) Based on the law violation types major factors in big traffic accidents were road and environment, human, and vehicle in order. Those factors were vehicle, road and environment, and human in order based on types of injured driver’s death. 4) Based on the law violation types total hitting and correlation rates of the model were 53.57% and 0.97853. Based on the types of injured driver’s death total hitting and correlation rates of the model were also 71.4% and 0.59583.

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구급차 안전사고에 대한 공분산 구조분석 (A Study on Behavioral Factors for the Safety of Ambulance Driving by Coefficiencial Structural Analysis)

  • 조진만;이태용
    • 한국응급구조학회지
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    • 제4권1호
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    • pp.95-100
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    • 2000
  • This is a study to evaluate the effects of the safety of ambulance driving and traffic accidents and to provide statistic information for the various factors to reduce the ambulance traffic accidents. The major instruments of this study were Korean Self-Analysis Driver Opinionnaire. This Questionnaire contains 8 items which measure drivers' opinions or attitudes: driving courtesy, emotion, traffic law, speed, vehicle condition, the use of drugs, high-risk behavior, human factors. The total of 145 divers were investigated ambulance drivers in Taejon City and others(6 City) from 2000. 5. July to 2000. 11. July. The data were analyzed by the path analysis - with SPSS and AMOS package program. The result are as follows : 1. It have suggested that risk factors of ambulance traffic accident much affected with emotion and speed control on safety ambulance driving(Y(Accident) = $0.88{\times}1$(Emotion Control) + $0.92{\times}2$(Speed) - $0.46{\times}3$(Traffic Law)+E). 2. It have suggested that risk factors of ambulance traffic accident much affected with emotion and speed control on safety ambulance driving(Y(Accident) = $0.398{\times}1$(Emotion Control) + $0.500{\times}2$(Speed) - $0.263{\times}3$(Traffic Law)+E) by coefficiecial structural analysis.

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교통경찰에 대한 운전자의 의식조사 - 안동시의 사례를 중심으로- (A Study on the Perceptions of Drivers on the Traffic Police With the case of Andong City)

  • 박동균
    • 시큐리티연구
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    • 제4호
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    • pp.119-136
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    • 2001
  • A mission of the police as described by law is to guard the life, body and property of all citizens. Such duties should be accurately performed based on legal and democratic procedures because the works of the police are directively influencing the overall lives of the citizens by restricting their freedom. The national police agency is setting up the figure of the police trusted and beloved by citizens. The strategies of police reform is to recognize the proposition of 'change the mind and you will see the bright future' and the historical mission of 'It is possible to survive only through the reform'. We are frequently watching the traffic police on the street or road. Traffic policing aims to reduce crime and the opportunities for criminal activity in relation to the use of roads, that is to improve road user behavior in order to reduce accidents. This study examines perceptions of drivers on the traffic police. For this purpose, this study surveys the opinion and view of drivers in Andong city based on the survey research and interview methods. The major findings of this study is as follows. Many drivers in Andong city evaluate negatively the kindness toward civilians, fair(rational) law enforcement of traffic police. So, this study suggests the improvement of the traffic police image.(for example, kindness toward civilians, service attitude, fair and rational law enforcement, etc)

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충돌방향 해석을 위한 정성적 추론이론 개발 및 적용 (A Qualitative Method to Find Out the Impact Direction in Traffic Accident)

  • 이대희;박진수
    • 한국안전학회지
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    • 제32권3호
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    • pp.136-140
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    • 2017
  • The physical tool for analyzing collision accidents narrows down to the conservation law of momentum. The conservation law of momentum which is also utilized to investigate or to analyze a traffic accident is essential to Newton mechanics. This paper suggests an alternative analytical tool based on the conservation law of momentum. Simply put, the tool is a alternative qualitative method of analyzing a car's direction to find out whether it is driving over the centerline This paper proposes a deduction theory that use qualitative information to make a qualitative analysis of which car drove over the center line.

Influence of Police Authorities and Units on Transport Safety in the European Union Countries

  • Chervinchuk, Andrii;Pylypenko, Yevheniia;Veselov, Mykola;Pylypiv, Ruslan;Merdova, Olga
    • International Journal of Computer Science & Network Security
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    • 제22권6호
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    • pp.109-114
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    • 2022
  • The article is devoted to analyzing the police influence on road safety formation. The globalization processes confirm the study's relevance, provoking population mobility and the need to increase freight traffic. The study aims to identify the factors that affect road safety and the activities of the police and the EU transport safety units. An empirical analysis using factor analysis, correlation analysis, and general scientific methods of cognition were carried out to achieve the goal. The analysis results found that the number of police officers affects road safety, but not in all countries, which confirms the importance of other factors. Based on the analysis results of the scientific literature, the factors affecting transport safety are legislative regulation, the use of innovative technologies, transport infrastructure, geography, and psycho-physical and emotional drivers factors. It has been proved that the police authorities and units cannot fully ensure transport safety in the European Union because the safety is formed by a complex of actions by the state and road users.

School Zone Automobile Accidents in Republic of Korea: Comparative Law Analysis on Criminal Responsibility of the Driver

  • Byung-Woon Lyou
    • 자동차안전학회지
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    • 제15권3호
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    • pp.7-16
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    • 2023
  • In 2019, a child died by a school zone traffic accident in Asan, Chungcheongnam-do, the Republic of Korea. Just after the accident, under the name of the "Minsik Law", the Road Traffic Act and the Specific Crime Aggravated Punishment Act were partially revised and went into effect in Korea on March 25, 2020. The new Korean law providing for harsh penalties is designed to reduce automobile accidents in school zones. However, the penalties under the new law seems to be unconstitutionally and unduly harsh. Under the new law, a negligent driver who kills a child at a school zone could be sentenced to indefinite imprisonment, or imprisonment for 3 years or more. The criminal responsibility of a negligent driver at a school zone is the same as serious intentional felonies such as rape, robbery, abandonment resulting in death. Also, even in the case of a school zone accident, if an accident driver complies with the speed limit and other traffic laws and it is impossible to avoid the accident, the driver should not be punished. So, in order to meet the principle of proportionality, the new Korean law should be revised again. In order to find out the appropriate level and punishment method for drivers who cause accidents in school zones, this thesis will compare and analyze the laws of Korea with those of the United States, Germany, and Japan. This paper also reviews the decision of the Constitutional Court of the Republic of Korea in February 2023 that the "Minsik Law" was constitutional. Based on these analyses, this thesis seeks the direction and amendments to properly revise Korean law. In addition, this thesis is intended to present exemplary measures to improve the school zone safety.