《海上安全法》规定船舶酒后驾驶的若干问题及修订方向

Tae-Soo Kim
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引用次数: 0

摘要

为了防止在水面上饮酒引起的事故,《海上安全法》禁止酒后驾驶,并规定了违反规定的刑事处罚。但是《海上安全法》规定,醉酒驾驶的船舶在《船舶职员法》中被称为船舶,在《船舶安全法》和《渔船法》中被称为船舶,并在《海上安全法》中再次规定增加或排除其中的一些船舶。这种复杂性的原因是,《海上安全法》规定,醉酒驾驶的船舶是“船舶职员法下的船舶”。因为《船舶职员法》是有关船舶职员的法律,所以不能由船舶职员登船的船舶不适用该法律。因此,最好的办法是在《海事安全法》中明确规定醉酒驾驶船舶的标准。因此,在运用《海上安全法》船舶概念的情况下,以是否使用动力而不是以总吨位为标准来判断处罚酒驾的标准是合理的。这是因为禁止酒后驾驶需要在船舶在醉酒操作时发生危险时立即采取行动。换句话说,酒精会降低人的行动能力,使机器无法正常操作,从而导致事故的高风险。因此,我建议以是否使用权力为处罚标准,而不是以总吨位为标准。如果该修改案得以通过,不仅是创业船舶,就连酒后驾车犯罪的船舶,也可以不受国籍的限制进行处罚。另外,即使修改《船舶职员法》、《船舶安全法》、《渔船法》,也不会影响醉驾适用船舶的范围,而且还可以单独修改船舶范围或处罚条例。
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Some Problems and Revision Directions of Ships Subject to Drunk Driving under the Maritime Safety Act
In order to prevent accidents caused by drinking on the surface of the water, the Maritime Safety Act prohibits drunk driving and stipulates criminal punishment in case of violation. However, the Maritime Safety Act stipulates that ships subject to drunk driving are referred to as ships under the Ship Staff Act, the Ship Safety Act and the Fishing Ship Act are referred to as ships, and the Maritime Safety Act again stipulates that some of these ships are added or excluded. The reason for this complexity is that the Maritime Safety Act stipulates that ships subject to drunk driving are 'vessels under the Ship Staff Act'. This is because the Ship Staff Act is a law on ship employees, so ships that cannot be boarded by ship employees are not subject to the Act. Therefore, the best way would be to specify the standards for ships that are drunk driving in the Maritime Safety Act. As a way, it is considered reasonable to judge the standard for punishing drunk driving while using the concept of ships under the Maritime Safety Act based on whether or not to use power, not the total tonnage. This is because prohibiting drunk driving requires prompt action when a risk occurs during ship operation while drunk. In other words, alcohol degrades a person's ability to act and does not operate the machine properly, resulting in a high risk of accidents. Therefore, I would like to propose to use the standard of punishment based on whether or not to use power, not the total tonnage. If this revision is made, not only start-up ships but also ships subject to drunk driving crimes can be punished for drunk driving regardless of nationality. Moreover, even if the Ship Staff Act, the Ship Safety Act, and the Fishing Boat Act are revised, the scope of ships subject to drunk driving is not affected, and the scope of ships or punishment regulations may be revised independently.
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