The Crime of Driving Under the Influence︰Disputes on the Drunk Driving Offense

• Main Authors: Chen, Jian-Tong, 陳建同
• Other Authors: Lee, Mau-Sheng
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/mbu5su

碩士 === 國立臺北大學 === 法律學系一般生組 === 102 === In recent years, the behavior of drunk driving has become the lambasting target in Taiwan. Under the constant agitation of public opinion,the provisions of the Criminal Code Article 185-3 began to corrected. However, the main content of amending the law is attempt to suppress such social issues through aggravating the punishment,and the addition of alcohol concentration value is making the general public to more likely to commit crimes. Therefore, even though some subtle adjustments were made, the crime of Driving Under the Influence （DUI）still remained controversial. By collecting and collating the related literature of Taiwan and Japan,this thesis is intended to use Drunk Driving Offense as a foundation, to discuss the disputes of the crime of DUI. Due to the provisions, the practical operation, the discussions of theory and the amending are all mostly refer to foreign legislation. Therefore, at the first, the author tried to analyze the crime of DUI by comparing the differences of jurisdiction between Taiwan and other countries, and those countries were Germany and Japan. And then the author tried to Identify the deficiencies of the Article 185-3 by the result of observing. As the result, the provisions associated with the crime of DUI in Taiwan is not complete enough. Thus even after amending the Article 185-3, that still remains many problems. However, it also presented the characteristic of modern criminal law, "The Symbolic Legislations". In order to respond to the needs of solving social problems quickly, the government select the criminal legislation to control various risks, which is originally supposed to be a " Ultima Ratio ". The government attempts to use the punishment for offender to make the people feel at ease, but it also undermines the principles of criminal law at the same time. With society continues to progress, the author intended to find a balance, which meant to be a direction of the interpretation of specific provisions of the criminal law. In this connection, in addition to reiterate "the Protection of the Legal Interests", we must emphasize "the function of protection of human rights" of criminal Law in order to avoid punishment abuse. Follow the interpretation strategy, the author tried to reveal the ambiguities regarding to Article 185-3, and providing an adequate answer to resolve those disputes on the crime of DUI, especially drunken driving offense. Furthermore, the author turn to review of the existing criminal policy against drunk driving, which tend to take heavy penalty. The last, provided the practical recommendations for legislation amendment.