臺灣地區游泳池溺水事故刑事判決之研究

本研究旨在分析臺灣地區游泳池溺水事故刑事判決，歸納出法院判決的構成要件與法律效果，以作為游泳池相關人員之參考。本研究蒐集司法院85年1月至95年6月之三級法院游泳池溺水事故刑事判決，共計41篇。採用內容分析法分析游泳池溺水事故刑事判決的構成要件與法律效果，研究結果為：一、在判決書中，就業務範圍而言，有64%被告經法官認定屬於「業務」範圍；就注意義務而言，87.5%被告經法官提及「應注意、能注意、而不注意」；就因果關係而言，85%被告經法官以「相當因果關係」作為其認定基準；就保證人地位而言，12%被告經法官認定為居於保證人地位。二、八成被告獲判有罪。三、被判有罪的刑期以6個月最多(52.5%)，全體有罪之被告平均刑期為6.9個月。四、被判刑者中，57.5%被告獲得緩刑，其中以緩刑2年最多(32.5%)。五、被判有罪之被告中，與事故者家屬達成和解者將近六成。六、和解金額平均每件143萬。七、法官判處緩刑的考慮因素為有無前科記錄及和解情形。最後針對判決結果提出建議，呼籲游泳池經營者應實施風險管理，並建立風險管理計畫，以減少溺水事故及其隨之而來的法律訴訟。

關鍵字

過失；因果關係；保證人地位；風險管理

並列摘要

This study focused on the criminal judgments on swimming pool drowning accidents in Taiwan, and concluded the court judgment constituent elements and legal effects. The study collected 41 the criminal judgments of drowning accidents in swimming pools from Jan, 1996 to Jun, 2006, under the court judgment, using content analysis to understand the constituent elements and legal effects of the drowning accidents in swimming pools. The study outcomes were as follows: 1. In all verdicts, from the aspect of occupation, 64% of the defendants are considered in this aspect by judges; based on duty of care, 87.5% of the defendants are considered by judges that the defendants ”should pay attention, could have paid attention, but did not pay attention”; from the aspect of causation, judges consider ”adequate causation” as a basis of judgments on 85% of the defendants; from the status of guarantors, 12% of defendants are seen as guarantors by judges. 2. 80% of the defendants are convicted of guilty. 3. Among those who are convicted of guilty, 52.5% of them get a six-month imprisonment which tops all the verdicts, whereas the average term of imprisonment is 6.9 months. 4. Among people who are convicted of guilty, 57.5% can receive probation, and two-year probation (about 32.5%) tops all probation. 5. 60% of the defendants who are convicted of guilty settled with victim family. 6. The average amount of settlement assesses costs 1, 430 thousand dollars. 7. The factors of sentence suspension depend on settlement situation and whether the defendants have criminal records or not. This study, based on verdicts, has come up with a few proposals for swimming pool owners-to urge pool owners to implement risk management and to establish the plans of risk management in order to decrease drowning accidents and the lawsuits followed by them.