| Summary: | 碩士 === 國立中正大學 === 犯罪防治碩士在職專班 === 106 === Article 185-3 of The Criminal Code of the Republic of China was amended on the eleventh of June 2013, and it added the standard value of alcohol concentration, which is the criterion for judging whether someone can drive safely or not. Although the amendment decreases the number of injuries and fatalities, it has not only made it easier for the police to ban drunk driving, but it has also resulted in Article 185-3 becoming the largest number of prosecutions and the highest conviction rate. Therefore, people require the government to issue stiffer penalties for violators.
The research searches judgments of the amendment of Article 185-3 from the eleventh of June 2012 to the thirty-first of December 2014 to discuss and analyze the effectiveness of stiffer penalties for drunk drivers, and proposes suggestions at last. The research finds that the current punishment for first offenders remains effective, but it cannot completely prevent offenders from violating the law; for re-offenders, the current punishment is considered ineffective. Therefore, I think the causes underlying drunk driving are not only a diet of habit, but also issues arising from alcoholism and disease. Criminal punishment alone cannot be considered effective in the prevention of drunk driving. It would be more effective to address the problem of drunk driving with a multi-factor approach, utilizing policy, the judiciary, and medical care, and the relevant authority should adopt a plan incorporating short-term, metaphase and long-term stages integrating these three aspects.
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