주취소란자에 대한 형사법적 고찰

Continuous drunkenness in public places is an act that interferes with the police's legitimate exercise of public power and poses a threat to public safety. Distinguishing between drunkenness disturbance and persistent drunkenness disturbance, drunkenness disturbance shall be subject to a fine and shall be disciplined by notification, and persistent intoxication shall be punished with a fine of not more than 600,000 won, detention, and minor fines. This is a precautionary measure to prevent the occurrence of a greater risk because in the case of persistent and habitual drunkenness, drunkenness can cause dangerous acts such as disturbance, disorder, violence, and obstruction of official duties. This is judged to be a necessary measure, considering the need to maintain public order through active crackdowns on habitual drunken offenders. However, even in this case, there are guidelines for particularly strictly applying the requirements for arrest under the Criminal Procedure Act, and it should be recognized only when all requirements such as clarity of crime, temporal and spatial adhesion, and necessity of arrest (reason for detention) are me. As it becomes possible to arrest offenders for drunkenness at government offices, there are opinions that raise questions about the possibility of abuse and the appropriateness of the level of punishment, but even in this opinion, a detention system is a more effective measure for drunkennesses. It will be effective and it will have a preventive effect. When arresting a person with persistent drunkenness, one of the best ways to eliminate the possibility of abuse of arrest is to record the situation to replace the necessity of arrest.