在路上常常可以看到用路人貪圖一時方便,將車違規停在不得停車的紅線區後 便直接離去,而遭路過警察舉發開單的畫面。有時違規停車時間長,且嚴重妨礙交通,警察因多次開單以示懲戒。但此時受違規處分之人,可否主張其僅 「一次」違規,基於「一事不二罰」之原則,警察不應多次開罰?
事實上,「違反道路交通管理事件統一裁罰基準及處理細則」第13條第4項規定,對於汽車駕駛人違規停車,違反「道路交通管理處罰條例」第56者,警察每隔2小時便可連續舉發,授予警察多次開罰得法律依據。
而且,民國94年釋字604 號解釋處理連續舉發違規停車是否違反「一事不二 罰」的爭議時,大法官鑒於交通違規之動態與特性,認為藉連續舉發以警惕及遏阻違規行為人任由違規事實繼續存在的行為,以「間隔2小時」作為連續舉發開發的時間間隔,乃屬合理評估被處分人之負擔及維護交通安全、秩序之必要,規範合乎憲法。因此,警察針對「同一」違規停車事件「多次」開單處罰,既合法又合憲,民眾要節省荷包,不要違規停車方為上策。
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It's not uncommon to see drivers park illegally in red-line no-parking zones for convenience, then leave the scene, only to be issued a ticket by passing police officers. In cases where the vehicles remain illegally parked for an extended period especially if it seriously disrupts traffic - officers may issue multiple tickets over time as a form of deterrence. But can the drivers argue that since it's a single act of illegal parking, they should only be fined once? Could they invoke the legal principle of "double jeopardy" - the idea that one should not be punished more than once for the same offense?
In fact, according to Article 13, Paragraph 4 of the Unified Standards for Penalties and Handling of Road Traffic Violations, if a driver parks a vehicle in violation of Article 56 of the Road Traffic Management and Penalty Act, police officers are authorized to issue a new ticket every two hours. This regulation provides a legal basis for law enforcement to issue multiple fines for a single, prolonged parking violation.
Furthermore, in the Constitutional Interpretation No. 604 of the 94th year of the Republic of China, it was addressed whether issuing multiple tickets for a single illegal parking incident violates the principle of "no double punishment for the same offense." Considering the dynamic nature and characteristics of traffic violations, it was concluded that allowing repeated tickets - at two-hour intervals - serves as a necessary deterrent to prevent drivers from allowing their violations to continue. The rule was deemed a reasonable balance between protecting public order and limiting the burden on individuals. The regulation was found to be I accordance with the Constitution. Therefore, it is both lawful and constitutional for police to issue multiple tickets for the same illegal parking offense. To avoid fines, the best course of action for the citizens is to refrain from illegal parking.
April 27, 2025