酒醉駕駛和公共危險之防制─以嘉義縣、市為例

碩士 === 國立中正大學 === 政治學研究所 === 102 === Drunken driving deaths and injuries caused by an accident in Taiwan's public danger remains high, and the social issues and civil and criminal litigation triggered, increased year by year, not only a waste of judicial resources, adds to the burden of social...

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Bibliographic Details
Main Authors: Tsai, Yung-Fu, 蔡永福
Other Authors: 蔡榮祥
Format: Others
Language:zh-TW
Published: 2014
Online Access:http://ndltd.ncl.edu.tw/handle/t76xs2
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Summary:碩士 === 國立中正大學 === 政治學研究所 === 102 === Drunken driving deaths and injuries caused by an accident in Taiwan's public danger remains high, and the social issues and civil and criminal litigation triggered, increased year by year, not only a waste of judicial resources, adds to the burden of social costs."Do not drink and drive, do not drink driving," has long been the safety rules everyone catchy slogans everywhere. Yet civil society "Beano dinner toast culture" habits, the danger still so many motorists continue driving after ignoring Jiuhan, it was still visible in the community, "luck."Said, "I did not drink, you can drive," or think "no unfortunate encounter police" continue to drunk driving, the concept of law-abiding obvious perception of risk and the lack of a serious threat to the safety of themselves and others, Property. Government to formulate Road Traffic Regulations on Administrative Penalties and Penal laws to punish drunk driving, if only to eliminate grievances, not to deter drunk driving culture, it is a palliative approach. In addition to the stringent regulations to intimidate, but need full support. Measures of education and physical therapy counseling humanity, persuasion drunk driving by deep introspection and indeed improve, for families, for others, the more their own sake."Drunk not on the road," home safely is the ultimate way to control drunk driving. In this study, Chiayi county, city people because of drunken driving in violation of the defendant's risk of common crime (inmates) 10 people, police banned perform one duty drunk driving, drunk driving cases Investigating Prosecutors Office clerk one person, one prosecutor for investigation of drunk driving case people, one district court judge, prosecutors' offices one executive branch of the Registry, Prosecutors Office probation one person so doing qualitative interviews with a total of 16 people; membership by drunken drivers (inmates) one pair one of the way to do in-depth face to face interviews to identify common problems between the cases.To drunk driving by personal experience with the process, to understand the factors that drunk driving are, how they are seized, why again drunk driving was seized, and combined with the researcher practical experience, research and analysis of how it affects the reasons drunk driving by, and control of the road. The study found that drunk driving cases were 10, mostly male, one female person, education places the country in the (small) by 7 people maximum, followed by the University for 2 people, high school at least one person, occupation retired teacher, driver, iron workers, unskilled, building administrators, services, construction, hair & Beauty; which police seized three times, up to four people, their level of education in the country in (small) stage, work content for the blacksmith, administrators and hair & Beauty, but there are reasons to drink with colleagues and friends of the dinner, site drinking, poor mood, and the majority of the working relationship shall drink;, and the reason was seized more than a "luck", that will not be so unlucky seized the police, do not want to Hua Xiaoqian called "taxi" or troublesome family to set; followed by lack of knowledge of the risk, do not know to be such a heavy penalty; then followed by the promotion of legal education is not enough, many people do not know the value of 0.25 milligrams of alcohol per liter of test or blood percent alcohol concentration of 0.05w / v or more, illegal Penal Code 3 of Article 185, and the road Traffic regulations on Administrative Penalties and held by the police to open a single hair. This study also interviews government agencies, contractor personnel drunk driving case of six people, police one, investigation of drunk driving cases clerk one person, investigation of drunk driving cases prosecutors one person, accepting the trial judge one person, the executive branch executive secretary of the official one, probation one person, there are five master's degree level of education and universities one person. Respondents were more than that for the first time drunk driving, should be given the opportunity rehabilitation, deferred prosecution or punishment punishment charity donations; recidivism by re-sentence summary judgment on a claim or suit to trial, and can not differentiate drunk driving accident and has accident, simple drunk driving did not give a lighter perpetrators criminally, drunk driving should aggravate the perpetrators punished, to achieve the effect of deterrence. On the other hand from the start of school education, legal education, legal advocacy, drunk not on the road, "zero tolerance for drunk driving," and other national consensus to achieve full control of the results. From this study, analysis and research found that for drunk driving prevention public danger, the prevention of the following suggestions: First, strengthen the rule of law, education, advocacy. Second, expand rummage, road inspection of law enforcement. Third, to provide convenient public transport. Fourth, drunk driving for the first time exceeded the standard value (ie, 0.25 mg per liter) sentence Administrative Penalty Act (police billing expositions), and given the opportunity to rehabilitation, to avoid leaving a record of previous convictions. The second drunk driving is longer than the standard imposed by the criminal law penalties responsibility. Fifth, restaurant or wine shall provide designated driver or valet car service. Sixth, improve road traffic environment, such as road, speed limit, signs, signals, road safety workshops and so on. Seven, often organized advocacy activities and alcohol drinking establishments set up physical therapy. Eight self-control management awareness, do not drink and drive, do not leave things to chance, crime costs far more than expected, So in order to prevent crime. Nine, deliberation future plans: 1, parking provided alcohol detector: Wine before driving test driver first, whether there is more than exhaled alcohol concentration exceeds the required standard as to avoid further than the standard car, parking administrator and advise not to drunken driving. 2, alcohol detectors: Can be mounted on a car or motorcycle alcohol detectors, detector measured when there is alcohol or who reach a certain standard, instantly will beep, beep alarm sound to alert the driver not to drive drunk. 3, alcohol test automatically locks: When the machine is automatically detected alcohol concentration, automatically lock the car or motorcycle, being immediately locked, so that the vehicle can not be started, to avoid the danger of drunken driving. 4, automatic car driving: Study of Automatic driving, Google Maps can input data to the destination that is able to enter the autopilot to reduce the risk of drunken driving accidents. 5, will mass rapid transit system: Construction of mass rapid transit system will allow people who drink do not have their own car or riding a motorcycle, Gaida mass transit transport facilitation and environmental protection, while reducing drunk driving cases. 6, hangover medicine research: Can develop rapidly reduce cure alcohol concentration, promote metabolism, so drunk driving by first taking the drug hangover, immediately reduce the alcohol concentration does not exceed 0.25 milligrams per liter standard values, and can drive safely on the road. 7, drunken state like advertising: On the internet or on television advertising, promotional appearance after playing a drunken buffoon, so that people who want to drink this as wary, afraid to let yourself drunk, there may be the next person is myself on the news media to achieve scare resistance drunk driving role. 8, drunken shuttle bus service: So that people can spend a little drink to ensure safety, take the shuttle bus to think of your home or destination, avoid being seized police, save the fines, but also security and peace, beneficial to all.