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Back台3線苗栗路段重機壓車過彎被舉發 陳男兩次違規各罰1.8萬確定
台3線苗栗路段重機壓車過彎被舉發 陳男兩次違規各罰1.8萬確定
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自由时报1 hour agoCrime2 min readChinaView translation

台3線苗栗路段重機壓車過彎被舉發 陳男兩次違規各罰1.8萬確定

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陳姓男子於去年8月31日兩次騎乘大型重機在苗栗縣獅潭鄉台3線120公里處彎道以左膝磨路面高速壓車過彎,未減速反而加大傾斜並偏移車道,被警方舉發危險駕駛處以兩張各1萬8000元罰鍰並吊扣牌照各六個月。陳男主張非危險駕駛且為同一行為不應重複罰款,但法院審認其行為已高度威脅用路人安全,且兩次違規在時間與空間上分明屬獨立行為,裁罰無誤,駁回其行政訴訟。

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Why It Matters

台3線苗栗路段是大型重機騎士熱門路線,常見騎士「壓車」過彎行為。

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台3線苗栗路段是不少大型重機騎士熱門路線,常見騎士「壓車」過彎。(民眾提供)

陳姓男子騎乘大型重機行經苗栗縣獅潭鄉台3線120公里處,在彎道加大傾斜角度「壓車磨膝」過彎,4分鐘內連衝2次,經警方採證舉發,被開出3萬6000元罰款。陳男不服提起行政訴訟,主張非危險駕駛且違反「一行為不二罰」;法官近期審結,認定陳男行為已高度威脅用路人安全,且兩次騎乘屬獨立行為,裁罰並無違誤。

判決書指出,陳男於去年8月31日上午8點25分、8點29分騎乘大型重機行經台3線120公里處彎道。警方錄影採證發現,陳男行經該彎道時未依規定減速,反而加大車身傾斜幅度,以左膝磨擦路面高速過彎,車身更自車道向左偏移貼近中央雙黃線,極易因重心不穩失控滑倒或與對向車碰撞。

監理所認定陳男構成危險駕駛,開出2張各1萬8000元罰鍰(共3萬6000元)並需接受道安講習,另對車主(同為陳男)開出2張各吊扣牌照6個月(共1年)之裁決。陳男不服提起行政訴訟,主張其騎乘方式未達危險駕駛,且短時間內2次騎乘屬同一行為,不應重複裁罰。

法官勘驗影像認定,道路非競技場所,陳男高速傾壓過彎漠視交通安全義務,已達高度威脅他人安全程度,確屬危險駕駛;且2次違規在物理空間與時間上涇渭分明,對用路人重新產生危險,屬各自獨立之數行為,監理所依法分別裁罰並無違誤,據此判決駁回陳男之訴。全案仍可上訴。

Open Questions

  • 陳男是否會上訴此判決?
  • 類似壓車過彎行為在台3線其他路段是否仍普遍?

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