- 學位論文
司法院量刑改革措施之探討-從酒駕公共危險罪量刑標準之實證研究出發
Discussion on the Sentencing Reform Measures of the Judicial Yuan- From the Empirical Study on the Sentencing Standard of the Drunk Driving Offense Against Public Safety
摘要
司法院為回應「白玫瑰運動」民眾對於妥適量刑之訴求並解決量刑歧異，自民國100年2月中旬起，著手建置「妨害性自主罪量刑資訊系統」，揭開我國量刑改革序幕。其後除陸續建置各犯罪類型之「量刑資訊系統」外，另建置「量刑趨勢建議系統」，復編印「刑事案件量刑審酌事項參考手冊」，暨訂定「刑事案件量刑及定執行刑參考要點」，乃司法院近年來所推動之四大量刑改革措施。 司法院推動量刑改革至今已歷時多年，其成效如何？有何缺失？實有探討之必要。因酒駕案件為我國一審審判實務上案量最大者，且酒駕議題長期以來一直為社會大眾所關注，法官對於酒駕案件之量刑亦屢招致過於輕縱之批評。本研究乃以酒駕公共危險罪量刑標準之量化分析與質性研究為出發，並藉由分析司法統計等數據資料及上訴審法院之裁判意見，了解司法院前開量刑改革措施在我國審判實務之實踐情形，對於現行量刑改革措施之成效與缺失進行分析與檢討，並介紹美國、英國、澳洲新南威爾斯州、南韓及中國大陸之量刑制度，從比較法之觀點，以他國制度作為我國量刑改革之參考借鏡。 本研究發現，司法院近年來雖致力推動前開各項量刑改革措施，但在審判實務的實踐上並未能真正落實，成效實屬有限。本研究認為現行量刑改革措施恐難進一步取得成效，實有調整改善之必要，並藉由研究結果與發現，提出對於我國量刑改革現制之改善建議，以及對於我國未來量刑改革方向之芻議，期能對於我國之量刑改革貢獻一己棉薄之力。
並列摘要
In response to the demands of the "White Rose Movement" for proper sentencing and resolution of sentencing disparity, the Judicial Yuan began to establish the "sentencing information system" for sexual offenses in mid-February 2011 as the beginning of the sentencing reform. After that, in addition to establish "sentencing information systems" for various offences, the "sentencing trends suggestion systems", the "Reference Manual for Sentencing Factors Should Be Taken into Account in Criminal Cases", and the "Directions for Sentencing and Determining Execution Sentence in Criminal Cases" were also established. These are the sentencing reform measures promoted by the Judicial Yuan in recent years. It has been many years since the Judicial Yuan promoted the sentencing reform. It is really necessary to explore the effectiveness and disadvantages of the reform. Drunk driving offense is the type with the most cases in district courts, the issue of drunk driving offense has been the concern of the public for a long time, and the sentencing for drunk driving offense is often criticized for being too light. This thesis is based on quantitative and qualitative research on the sentencing standard of the drunk driving offense against public safety, and by analyzing the judicial statistics and opinions of appellate courts and the Supreme Court, to find out the practice of the sentencing reform measures in trial practice. This thesis will also analyze and review effectiveness and disadvantages of the sentencing reform measures, and introduce the sentencing system of the United States, England and Wales, New South Wales, South Korea, and Mainland China, as reference for our sentencing reform from the perspective of comparative law. This thesis found that although the Judicial Yuan has made great efforts to promote the aforementioned sentencing reform measures in recent years, it has not really practiced in trial practice and has limited effectiveness. This study considers that the current sentencing reform measures are difficult to achieve further effectiveness, there is a need for adjustment and improvement. Based on the results and findings of the study, this thesis puts forward some suggestions for improving our sentencing system, as well as preliminary suggestions on the direction of sentencing reform in the future, so as to make some contributions to our sentencing reform.