| Summary: | 碩士 === 國立高雄大學 === 法律學系碩士班 === 107 === Drunken driving accident cases have caused heavy burdens on society in recent decades, including explicit costs and hidden costs, forcing the government to face and propose solutions as soon as possible.What is the basis of the punishment for drunk driving violations? The theoretical level is based on the theory of "free behavior of reason"; as far as the implementation level is concerned, it must be legal.
It is also based on the principle of "one rule of no penalty". Under the premise that the same act is not a principle of repeated punishment, it is more necessary to clarify the boundary between administrative punishment and criminal punishment. However, the heavy burden on the society caused by drunk driving accident cases has been as mentioned above, but how to propose more specific solutions is the current problem. In the face of the frequent spread of drunk driving cases, whether it is China or a reference to foreign legislation, there is no penalty for the perpetrators, and even the new practice of the third reading, the provisions for the same passengers to sit and punished, the purpose is nothing more than the same Passengers are responsible for the supervision and safety of the same passengers. In addition, for the recidivist, it is necessary to install the so-called "alcohol lock". In short, the perpetrator must first pass the wine test before driving, and can start driving after the standard is met. Although this approach restricts the freedom of movement of the perpetrator, if it can cooperate with the relevant supporting measures, the maintenance based on public safety is still one of the feasible methods under the principle of proportionality.
As for the dispute over the responsibility of the drunk driving violations, the purpose of insurance is to digest the risk and give the victim immediate and appropriate relief, rather than punishing the perpetrator. Therefore, in the liability insurance sales lot, except for the compulsory liability insurance. The prohibition on the sale of any liability insurance for drunk driving should distinguish between "intentional" and "negligent". In other words, only when the perpetrator’s intentional offences are excluded, the rest should still be necessary for additional protection.
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