刑事與行政制裁區別理論的再檢討──以酒後駕車的制裁為中心

The Re-examination of the Relationship Between Criminal and Administrative Penalties: Focusing on the Penalties for Driving Under Influence

「一事不再理」或「一事不二罰」，在行政秩序罰上可說是重要的鐵律，象徵著法治國原則在行政秩序罰領域的體現。不過，在我國的法規體系中，不乏有就關連甚至同一行為，分別設有刑事與行政制裁規定者；其中，酒後駕車行為的制裁，就是一個典型。

Regarding the relationship between administrative and criminal penalties, most domestic administrative law scholars stand for the “theory of quantitative distinction,” suggesting there is no distinction essentially between above two penalties. On the other hand, most domestic criminal law scholars take the “concurrence approach” and stress on the importance of double jeopardy. However, above theory or approach does not fully explain why the authorities may punitively adjudicate wrong doers after imposing them criminal punishments, and yet explain by administrative or criminal procedure to launch investigations.
This thesis focuses on DUI punishments and explore the relationship between administrative and criminal penalties and suggests their distinction should be analyzed both substantially and procedurally. At the substantial law level, we have to apply the proportionality test to avoid double jeopardy. At the procedural law level, we have to respect the special need of to investigate illegal acts with both criminal and administrative punishments, such as DUI, and emphasize the practice of due process.