Some Problems with Drinking Under the Railway Safety Act

Abstract

The Railway Safety Act prohibits drinking and stipulates punishment for violations, but there are the following problems. First, the subject of this crime is the identity offender. Therefore, even if a railroad vehicle of an unidentified person is drunk driving or aiding and abetting, it cannot be punished, so it should be revised as a general offender. Therefore, it is considered reasonable to define it as a general offender in paragraph (1) and to have a ban on drunk driving of railway workers in paragraph (2). Second, if a railroad worker drinks more than a certain amount of alcohol, it is stipulated as the same legal type regardless of the blood alcohol concentration standard. However, it is necessary to subdivide and define the statutory sentence according to the blood alcohol concentration in accordance with the principle of responsibility. Third, breath testing is to investigate drinking work. However, there is a higher risk of refusing to comply with the drinking test as the statutory punishment for violating the drinking business is stipulated to be lower than non-compliance with the drinking test. Therefore, it is necessary to amend the statutory sentence for violations of drinking work and non-compliance with drinking tests to be the same. Fourth, regulations that allow railroad workers to arbitrarily revoke or suspend their driver's license or control qualification regardless of the recovery of drinking work or refusal to take breathalyzer tests are not appropriate. Therefore, from the second time of recidivism, that is, it is necessary to cancel or suspend the license or control qualification.