論酒後駕車之法制探討與執行成效

• Main Authors: Wen-chung Kao, 高文崇
• Other Authors: Chin-Li Wang
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/kh34f9

碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 104 === Due to drunk driving accident news avalanche, often caused to people casualties of tragedy. in media of helped, has caused social opinion of height attention, In boiling public opinion of the government to curb drunk driving unhealthy, repeated public opinion and continue to amend the law to drink and drive administrative penalties and criminal penalties increase, resulting in a surge in the number of public perilous, not only caused serious social problems, but also a waste of judicial resources and make prison guard ring tight on manpower. Under the harsh punishment policies, still unable to effectively reduce the bad habits of people drinking and driving, drinking and driving incidents still abound, it is clear that how an effective mechanism for the prevention, control, get rid of people get away with attitude, psychological, environmental and social context and supporting the legislation and policy, the fundamental solution to this mess, it is a class issue that cannot be sustained. Legislators strong push tougher penalties for drunk driving policy, namely the formulation of public danger of the crime of Criminal Law Article 185-3 "unsafe driving" on April 21, 1999, behind the November 30, 2011 to update the Criminal Code, "drunk driving causing death serious injury aggravated consequential offense "complex on June 11, 2013 the original value of Penal Code Article 185-3 breath alcohol" public danger of the crime can not drive safely "decreased from 0.55mg / L to 0.25mg / L, the same day will also be in violation of "the road traffic regulations on administrative penalties" punishment breath alcohol value administrative punishment for drunk driving behavior of the 0.25mg / L reduced to 0.15mg / L, has become one of the world''s most stringent penalties for drunk driving standard countries. Law enforcement officers face a runaway this legislation, what benchmarks are its discretion? Whether drunk driving case has reduced the signs? End this, through basic education, social advocacy, policy and legislation and their discipline, such as measures to remove people''s driving habits, is the fundamental solution of the road.