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Back高雄高等行政法院判決酒測超標騎士無因果關係 撤銷罰單與吊照
高雄高等行政法院判決酒測超標騎士無因果關係 撤銷罰單與吊照
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自由时报1 hour agoLaw2 min readChinaView translation

高雄高等行政法院判決酒測超標騎士無因果關係 撤銷罰單與吊照

Quick Look

高雄黃姓男子騎機車酒測值達0.22毫克與婦人相撞,警方依道路交通管理處罰條例處以1萬5000元罰鍰並吊扣駕照24個月。高雄高等行政法院審理後認為,事故主因為婦人突然橫向駛出,酒駕與車禍受傷間不具相當因果關係,撤銷原處分,罰單與吊照均被廢止。

AI-generated summary

Why It Matters

根據道路交通管理處罰條例,酒測值達0.22毫克屬酒精濃度超過規定標準,通常會處以罰鍰及吊扣駕照。但法院認為需審查酒駕行為與事故發生間是否具相當因果關係。

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男騎士與婦人騎車相撞,酒測值超標,當場遭警方舉發。示意圖。(資料照)

高雄高等行政法院近日做出一起顛覆大眾認知的指標性判決!高雄黃姓男子與一名婦人發生擦撞,黃男酒測值達0.22毫克,當場被員警舉發加重處罰。但法院審理後認為,這起車禍是因婦人突從路旁橫向竄出,「酒駕」與「車禍受傷」之間不具相當因果關係,罕見判決撤銷原處分。

判決書指出,黃姓男子騎乘機車去年8月21日上午10時許,與騎乘機車的婦人發生碰撞。警方獲報到場處理,依規定對黃男實施酒測達 0.22 毫克,當場掣單舉發。黃男所涉公共危險罪嫌部分,經橋頭地檢署檢察官偵辦後,認定其未達刑法處罰要件,罪嫌不足給予不起訴處分。

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高雄市交通事件裁決所仍依《道路交通管理處罰條例》,對黃男祭出1萬5000元罰鍰、吊扣駕駛執照 24個月,並應參加道路交通安全講習。黃男不服提起行政訴訟,他坦承前一天晚上確實有飲酒,但強調案發當下自己神智完全清醒,也通過警方相關測試。黃男認為這起車禍之所以會發生,完全是因為對方突然從路旁「橫向駛出」,他就算沒喝酒也根本無從閃避。

高雄高等行政法院法官詳細調查案發經過,認定黃男雖然確實有「駕車且酒精濃度超過規定標準」的違規事實,但在法律適用上認定,這起車禍的發生是因訴外人突自路旁橫向駛出,與黃男是否飲酒並沒有「相當因果關係」。黃男的行為不符合「因而肇事致人受傷」的加重處罰要件。原處分有明顯違誤,判決撤銷罰單與吊照,全案仍可上訴。

☆飲酒過量 有害健康 禁止酒駕☆

What to Watch

AI outlook — possibilities, not facts

  • 高雄市交通事件裁決所可能對此判決提起上訴

    Likely · Within weeks

Open Questions

  • 此判決是否會影響未來類似酒駕事故的處理標準?
  • 婦人是否因而受傷?傷勢程度為何?
  • 高雄市交通事件裁決所是否會上訴此判決?

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