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Back少年坐未熄火機車後座等早餐被誤認無照駕駛 法院判撤銷罰單
少年坐未熄火機車後座等早餐被誤認無照駕駛 法院判撤銷罰單
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自由时报3 hours agoLaw2 min readChinaView translation

少年坐未熄火機車後座等早餐被誤認無照駕駛 法院判撤銷罰單

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高雄一名胡姓少年因坐在未熄火機車後座等哥哥買早餐,被警員當場開罰24,000元並強制參加交通安全講習,認定其再次無照駕駛。少年提訴稱僅坐車未操作,法院審理後發現警方無客觀證據,僅憑主觀判斷開罰過於速斷,遂撤銷原處分,少年免罰。

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Why It Matters

少年曾有無照駕駛紀錄,去年8月坐在未熄火機車後座等哥哥買早餐時被警員當場開罰,警方認定其再次無照駕駛,處以24,000元罰款並強制參加交通安全講習。

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少年坐未熄火的機車後座等哥哥買早餐,卻被巡邏員警當場認定他「無照駕駛」法院逆轉判撤單。(資料照)

高雄市一名胡姓少年因先前有過無照駕駛紀錄,去年8月間,他坐在路邊一輛發動未熄火的機車後座等哥哥買早餐,卻被巡邏員警當場認定他「再度無照駕駛」,重罰 24,000元 並強制參加道路交通安全講習。少年不服提起行政訴訟,高雄地方法院日前審理後,因開單員警的密錄器剛好損壞、拿不出任何客觀駕駛畫面,法官認定警方開罰流於「速斷」,判決撤銷原處分,讓少年免罰。

「我只是坐在後座等哥哥買早餐,車子發動但根本沒騎!」少年向法官表明,自己全程都停在路邊,沒有任何操作機車、行駛在道路上的行為。高雄高等行政法院法官傳喚現場證人,證實當時確實由另一名親友正在一旁購買早餐,少年只是坐在機車上等候。

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法官審理後認為,少年在被攔查時,雖然坐在一輛未熄火的機車上,但「坐在未熄火的機車上」並不等於「有駕駛行為」。警方除了口頭指控外,拿不出任何客觀的動態錄影或照片證明少年曾騎車上路。在缺乏客觀事證的情況下,僅憑員警主觀認定,裁罰理由顯然過於「速斷」。法官最終認定原處分有違誤,判決撤銷罰單,全案仍可上訴。

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What to Watch

AI outlook — possibilities, not facts

  • 高雄市警察局將加強對執法人員的交通違規辨識訓練,減少類似誤判案件發生。

    Likely · Within months

Open Questions

  • 警方是否會對此類誤判案件進行內部檢討?
  • 類似情況下,如何避免執法人員主觀斷導致誤判?
  • 少年是否會對警方提出國家賠償?

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