擴大酒駕處罰對象的合理性探討

民國92年11月，警政署提出擴大酒後駕車行政處罰對象的修，去草案，引起社會廣大的討論，其中最大的爭議點即在於，「連坐」處罰觀念之提出，所可能導致酒駕處罰封象的大幅向外延伸，及其所可能導致的公權力濫用與無辜民眾的受罰。事實主，酒後駕車一直是各國道路交通安全課題中，非常困擾的問題，並非我國之特有。只是國人敬酒與乾杯的文化其來已久，加諸一般駕駛人守法觀念的普通淡薄，導致問題更顯嚴重。據此，警政署此次提出「擴大酒駕處罰對象」冀以達成預防交通事故，保障一般用路人的目的，其用心良善，因值肯定。但，利用增加乘客、一般民眾與酒類零售業者的行為義務，甚至祭出行政處罰的手段，則不免讓人覺得矯枉過正，累及無辜，而有形同株連九族之感。本文針對此一問題的合理性，進行分析，文中除說明該草案之條文內容外，並回顧歷年來酒後駕車處罰方式與觀念的改變，繼之討論道路交通法規中連坐處罰型態之現況，與此次草案視花內容之合理性，期以釐清相關的爭主義問題，作為相關立法政策之參考。

關鍵字

酒醉駕車；行政處罰；連坐處罰；供酒者

並列摘要

National Police Agency proposed an amendment draft of expanding the scope of drunk-driving-related penalties on Nov. 2003, which had provoked a great deal of controversy. The moat controversial part of the NPA proposal was the plan to line the providers of alcoholic beverages as well as the passengers of drunk drivers. It may result in the abuse of public law power and innocent people being penalized. In fact, many countries are ever obsessed with drunk driving problems in roadway traffic safety. In Taiwan, the custom of urging others to drink as well as the very thin concept of following the laws cause more serious drunk driving problems. In view of the above, it is commendable that NPA planned to impose more serious penalties to prevent drunk driving and protect the safety of innocent people on the roads. However, it seems to be too harsh to tine not only the providers of alcoholic beverages, but also the passengers in drunk drivers' vehicles, whose only sin is not stopping the drivers from drinking and driving. In this study, we will explore the rationality of this issue. First, we will introduce the content of proposed amendment to traffic regulations by NPA, and review the evolution of means and concept of punishments for drunk drivers. Second, we will discuss the types of ”co-lateral punishment” in traffic regulations. Finally, we will examine the rationality of the revised proposals and clarify the controversies. Several points are raised as references for the agencies to draft a policy.