酒駕易服社會勞動人社會修復與相關影響因素之探討

An Examination on the Restoration and Its Related Factors of DUI Offenders with Community Service in Taiwan

1999年起臺灣將酒醉駕車行為正式列入刑法，後因數起震驚社會的嚴重事故發生，處罰上限一再提高。酒駕犯罪人成為眾矢之的，逐漸被驅逐於社會網絡之外。加重刑罰化的作法是否有助於再犯之遏阻，尙有疑義。本研究以再整合性羞恥、違抗、逐級年齡非正式社會控制等理論為基礎設計問卷，針對11個地檢署共209名違反刑法185之3條第1項不能安全駕駛罪的易服社會勞動人進行調查，以瞭解其於履行勞動期間的想法與感受。研究結果顯示，樣本主為中壯年族群、累再犯情形普遍，且有婚姻、就業不穩等特性。多元迴歸分析結果發現，家庭、職業依附和人格尊重對於能否順利融入社會扮演積極關鍵角色。開放式問題透露，勞動人覺得比起入監服刑，易服社會勞動制度更具正面整合功能，有助於反省自己錯誤行為。研究建議在強化社會安全網有關防制酒駕政策之研擬和執法方式上應納入個人自我形象修復、社區參與及良性互動等元素，可彌補刑罰威嚇主義之不足。

Since 1999, Taiwan has officially included drunk driving in the criminal law. Since then, due to several serious accidents that shocked society, the penalty limit has been repeatedly raised. Drunk driving criminals become the target of public criticism and are gradually expelled from the social network. There is still doubt whether increasing penalties will help deter recidivism. This study designed a questionnaire based on the theory of reintegrative shaming theory, defiance theory, and age-graded informal social control theory. It targeted a total of 209 offenders from 11 district prosecutor’s offices who violated Criminal Code Article 185-3, Item 1, of being unable to drive safely. Participants are surveyed to understand their thoughts and feelings while performing their community service. The results show that the sample is mainly middle-aged and middle-aged, has common recidivism, and has characteristics such as unstable marriage and employment. The results of multiple regression analysis found that family, work attachment and respect play a positive and critical role in the reintegration into society. Open-ended question revealed that offenders feel that compared to serving time in prison, community service has a more positive reintegration function and helps them reflect on their wrong behaviors. The study suggests that elements such as personal self-image repair, civil engagement and positive interaction should be included in the formulation and law enforcement methods of strengthening social safety net policies to prevent drunk driving, which can make up for the lack of deterrence.