시동잠금장치 프로그램 시행과 관련된 논점 및 입법 방향 ― 스웨덴의 비전 제로 정책의 취지 도입 필요성 및 이러한 취지에 기초한 시동잠금장치 프로그램 도입이 갖는 의미의 검토 ―

Drunk driving is a serious problem. Many different types of sanctions such as fines, imprisonment, suspension or withdrawal of the driving license have been put into practice to prevent drunk driving, but proved only partially successful. Most of all, they are not effective to change the behavior of those who are alcohol dependent. Alcohol interlock programs are now regarded as one of the most promising measures to prevent drinking and driving. This article proposes that the philosophy of the Swedish Vision Zero policy should be adopted in designing the road transport system. That is to say, it should be assumed that “it can never be ethically acceptable that people are killed or seriously injured when moving within the road transport system” and, in this regard, it is urgently needed to introduce the alcohol ignition interlock program to increase road safety and thereby protect road users. In legislating alcohol interlock program, it would be a better choice to introduce a mandatory administrative model that require all high-risk drunk drivers such as repeat offenders, High BAC offenders, and young drivers with less experience to install an alcohol ignition interlock device regardless of their consent. It is also recommended to mandate vehicles like school busses, commercial trucks, and vehicles carrying hazardous materials be fitted with an alcohol ignition interlock device. Considering that the problem of alcohol related traffic accidents is very severe and alcohol interlock programs offer offenders a possibility to continue driving, the mandatory administrative model of alcohol interlock program would not be found to violate the fundamental rights of the drunk drivers. However, it would be better to limit the administrative discretion to extend the duration of an alcohol interlock program participation to avoid any constitutional issues that may rise regarding the length of participation in the program.