A Study upon Unsafe Driving Offenses of the Criminal Law －A Behavior with Drunk-Driving as the center

• Main Authors: HUANG,CHUN-CHIEH, 黃俊傑
• Other Authors: CHOU,CHEN-YU
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/71128032091006401893

碩士 === 國防大學 === 法律學系 === 104 === Death caused by drunk driving is one of journalist’s favorite topics in past few years, and catch society and legislator’s attention. To prevent drunk driving accident happened again, legislators is asked for maximum penalty, but even the government has already maximum penalty, drunk driving accident is still happened often, it’s makes peoples starts to wondering, maximum the penalty is the only situation to deterrent to drunk driver’s behavior or not? This thesis will begin with finding out the purpose and true meaning of Criminal Code§ 185-3, by discussed problem about amending process, theory and reality challenge of Code§ 185-3. To analysis and clarify new Criminal Code§ 185-3’s appropriate and applicability, by gathering the document and theories about DUI, and compare with Japan and Germany’s similar regulation. According to last paragraph, we’re realized purpose of legislation is to makes streets and traffic more safety, and secured people’s life, even know the idea of legislation is well, but by use heavy penalties still can’t makes a law is suitable for DUI. Amending process of Criminal Code§ 185-3 in 2013, Standard Value of Sobriety test is the main point to decide is guilty or not, which is already lost the purpose of it.Statistical shows judgement is too soft to criminal, which is opposite from purpose of legislation. Maximum penalties are not best solution to prevent DUI. This thesis feel the amended of Criminal Code§ 185-3 is only solves unclarified standard, but also bring new problem, the only reason to amended Criminal Code§ 185-3 is too casually,it’s only reflect society’s depression, but forget basic principle of legislation. In conclusion, this thesis is tried to figure out which is best solution of new criminal code is going to be suitable for reality or not, by censor enactment of Standard Value of Sobriety test is appropriate or not, logic and contradiction of dangerous crime’s legislation, and discussed about heavy penalties trend to sobriety test, enforce to breathing test or blood test to find out alcohol concentration, would it already be against the freedom rights? The most basic rights constitution has given to us, and then gives a suggestion about the legislative amendment in the end.