중국 형법상 신설된 위험운전죄 규정에 대한 문제점 고찰

In the Chaoyang district of Beijing in China, there is a popular race track that has a width of 10m and a 1 km straight-line road, similar to the Jayouro in South Korea. Various sports cars, which value at over $100,000, and other expensive customized vehicles gather together every weekend to race. Current traffic laws do not have any effect on this kind of illegal car racing. One big issue is the illegal car racing by second generation children of billionaires and how it is affecting public sentiment through mass media. According to the Chinese Police Department and the Department of Traffic Administration, there were about 313,000 arrests related to drunk driving, from August 15 to December 31 of 2009. From 2006 to 2010, there were 3,500 annual deaths and 9,000 wounded from these incidents of drunk driving. In recent years, drunk driving and car racing have caused heavy casualties and also have continued to stimulate the public's nerves. In order to protect the public interest, it is required to combat against the four types of the dangerous driving. The Eighth Amendment of the Criminal Law was adopted in February 2011 and the types of dangerous driving were added on the Article 133 of the law to be regulated. The Ninth Amendment of the Criminal Law was adopted in August 2015 and the dangerous driving offenses were expanded to improve the scope of punishment of the crime in the law. That is about expanding the range of penalties to deter the crime of the dangerous driving by school buses, passenger transportation severe overloading or excessive speeding behavior, and violations of the transport of dangerous chemicals and endanger public security. There are additional provisions in the law stating that the owner or manager shall be legally responsible for the motor vehicle if the driver was not in possession of a driver's license, was intoxicated, is a minor, or commits any other clear violations of the Road Traffic Safety Law. However the definition of the four types of dangerous driving is too vague and the criteria regarding the judgment of the law infringement are also arbitrary. This article suggests the clear definition of the crimes and analyzes the four types of dangerous driving behavior in China. This article also introduces the related laws on road rage and reckless driving in South Korea and additionally, points out that it is difficult to maintain of the principle of legality because of many incorporating traffic provisions into criminal law.