자율주행자동차 사고발생에 따른 형사책임의 귀속여부 - 레벨4단계를 중심으로 -

In modern society, automobiles are very important. Such a car worked only by human operation in the meantime, but progressed with a movement body which moved to the destination that car oneself judged it from the development of the technology recently, and a human being prayed for. A man and woman chief character enjoys a car drive in the downtown area if I see descendant of sun which caused a drama Korean wave hot wind in 2016, and a scene kissing a vehicle opportunity with the heroine who pushes the button located under the group left side, and got on the seat next to the driver appears. The scene where the vehicle steering wheel works without driver intervention by oneself and does an autonomy run, and the man and woman chief character enjoys a romance appears. In our society, such a scene was created all too soon by a drama, and the person to see a drama reached the atmosphere that I came to see without what kind of hesitation. In addition, the companies producing finished vehicles exhibit a new technology to the public first and attract the desire of the buyer more. An autonomy run car is a car and one of a-binding body of the artificial intelligence in this way by saying the car which runs by oneself without a driver intervening. In other words, attach to vehicle many places by a sensor, a rider (search device using a laser), a radar, and recognize neighboring objects and information for the road environment in real time, and enforce car oneself driving and control by judging it rise. In addition, I remotely control it through a mobile device and a communication network, and the outside joint ownership of the electronic intelligence with other vehicles says a possible car, too. Such an autonomy run car prevents the traffic accident by a driver not being careful beforehand, and there is the good point that I can apply car inside space in by the use such as the personal office. The appearance of the autonomy run car was our ordinary future now. A problem is a problem of the attribution of responsibility at the time of a problem of the responsibility to occur by the appearance of such a new movement body namely the accident outbreak. Until now, driver’s manipulation in the event of a car accident has been treated as an omission. However, it is in a problem who should be able to put it out if put out responsibility from the problem that is to be able to put out a criminal liability at time of the accident outbreak because car oneself judges the autonomy run car by an autonomy run system not a driver driving directly and move again. Therefore, it is thought that it do not be if a driver is not settled first earlier by the problem that is to be seen in whom when I associate with autonomy run automobile accident outbreak. In fact, a driver does not do the direct control, but I start it and do destination setting, and I am considered to begin by the act of the driver. On the other hand, production company will not be free from the responsibility so as to judge the autonomy run car by oneself, and to move. After having examined the theoretical contents for the criminal negligence establishment requirements that were discussed in we criminal law studies to lecture on the accident outbreak at four phases of autonomy run car levels and the responsibility right or wrong concerned with in the following here, I was concerned with the reversion right or wrong of the responsibility and divided it with a driver in production corporation and examined it.