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Please use this identifier to cite or link to this item: http://ntour.ntou.edu.tw:8080/ir/handle/987654321/52228

Title: 警察取締酒駕之人權思考
Human rights behind the violation enforcement of drunk driving
Authors: Lai, Wen-Jui
Contributors: NTOU:Institute of the Law of the Sea
Keywords: 警察 人權 酒駕
police drive drunk
Date: 2018
Issue Date: 2019-05-23T06:25:05Z
Abstract: 摘 要 酒後駕車修法刑責逐年提高,罰金也增加許多,目的在防制酒駕肇事發生,確保用路人安全,但是仍然有許多民眾存著僥倖心態,喝完酒後,大膽地駕車在道路上行駛,酒精濃度作祟,行車不穩,容易發生車禍,造成死傷及車輛財物損失,一個家庭或是多個家庭破碎。 警察成為取締酒駕唯一執法者,筆者自西元2006年開始取締酒駕,迄今已有12年抓酒駕經驗,非常有感覺立法者訂定取締酒駕條文後,讓執法者執行酒駕條文的困難度,執勤時穿梭大街小巷,查看有無民眾在酒駕,而酒駕者看到警察迎面而來,立即加速鑽入巷子,警察看到酒駕者行跡可疑,當下緊追發動攔停,駕駛人見到後方有警察,更加速的逃逸,企圖躲避警察盤查,形成追車危險。 酒駕者認為逃得過是我的,逃不過是警察的,有機會當然逃,現行法令被警察抓到而「酒駕」最低要處罰新台幣1萬5仟元以上罰鍰,「逃逸」最低才處罰新台幣1萬元以上3萬元以下罰鍰,並吊扣駕駛執照6個月,即使被警察抓到,只要找到警察執行酒駕程序瑕疵,打行政訟訴或上訴,法官審理後有機會撤銷,再將撤銷原因以通訊軟體傳給親朋好友知悉,學習如何躲避酒駕。 性別政策造成派出所女警人數增多,將會有二位女警同時巡邏取締酒駕隱憂,而且抓到酒駕,酒測值超過0.25毫克,觸犯刑法第185條之3不能安全駕駛罪,提高修法最重判處二年以下有期徒刑,得併科20萬元以下罰金,屬於己手犯,抽象危險犯類型態,若酒駕肇事致人死傷,故意行為加過失傷害或過失致死,由行政程序轉換刑事程序,依據刑事訴訟法移送偵辦,酒駕者同時轉換嫌疑人,在警察繁雜移送過程,自攔查至移送地方檢察署,計拘束人身自由約4小時,法院審理酒測器公差值,謙抑主義原則,作為判決無罪之證據。
Abstract The criminal responsibility for drunk driving has been increasing year by year, and the fines have increased a lot. The purpose is to prevent alcohol and driving accidents and ensure the safety of passers-by, but there are still many people who have a lucky attitude. After drinking, they boldly drive on the road. Alcohol concentration is awkward, driving is unstable, and it is prone to car accidents, resulting in death and injury and loss of vehicle property. A family or multiple families are broken. The police became the only law enforcer to ban drunk driving. The author has banned drunk driving since 2006. Since then, he has had 12 years of experience in drunk driving. It is very felt that the legislators have made it difficult to enforce the drunk driving provisions after the ban on drunk driving. Shuttle through the streets to see if there are people in the drunk driving, and the drunk drivers saw the police coming on the scene and immediately accelerated into the alley. The police saw the drunk driver’s suspicious behavior, and immediately chased the stop, the driver saw the police behind. A more accelerated escape, trying to avoid police investigations, forming a danger of chasing cars. The drunkard thinks that it is mine to escape. It is a policeman who escapes. He has the opportunity to escape. The current law is caught by the police and the "drinking" is punishable by a fine of NT$15,000 or less. The "escape" is the lowest. Punish the penalty of NT$10,000 to NT$30,000 and shackle the driver's license for 6 months. Even if it is caught by the police, as long as the police are found to perform drunk driving procedures, administrative litigation or appeal, the judge has the opportunity to cancel after the trial. Then, the reason for the cancellation will be transmitted to the relatives and friends through the communication software to learn how to avoid drunk driving. The gender policy has caused an increase in the number of female police officers in the police station. Two female police officers will patrol and ban the drunk driving at the same time. Moreover, the drunk driving will be carried out. The measured value of the wine exceeds 0.25 milligrams. It is not safe to drive the crime according to Article 185 of the Criminal Law. Sentenced to imprisonment for two years or less, and a fine of less than 200,000 yuan for the family, is a criminal, abstract dangerous type of crime, if the drunk driving causes death or injury, deliberate acts plus negligence or negligence, the criminal procedure is changed by administrative procedures, According to the Criminal Procedure Law, the drunk driver converts the suspect at the same time. During the complicated transfer process of the police, from the interception to the transfer of the local procuratorate, the person is restrained from personal freedom for about 4 hours. The court hears the tolerance value of the wine detector, the principle of moderation. As evidence of innocence.
URI: http://ethesys.lib.ntou.edu.tw/cgi-bin/gs32/gsweb.cgi?o=dstdcdr&s=G0040346114.id
Appears in Collections:[海洋法律研究所] 博碩士論文

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