國道內線開95公里挨罰3000 她辯「保持安 - 開車
By Noah
at 2023-01-13T08:44
at 2023-01-13T08:44
Table of Contents
原文連結：
https://news.ltn.com.tw/news/society/breakingnews/4183187
原文內容：
國道內線開95公里挨罰3000 她辯「保持安全距離」被打臉
〔記者彭健禮／苗栗報導〕趙姓女子在速限110公里的國道內側車道，以時速95公里行駛
，挨罰3千元，她不服提行政訴訟，主張當時是為了保持安全距離而減速；不過，法官調
查，當時交通順暢、無壅塞，趙女與前車相距達100公尺，顯無為保持安全車距減速的必
要，依規定國道內側車道應以最高速限行駛，趙女違規事實明確，駁回趙女之訴。
趙女於去年5月1日上午8點44分許，開車行經國道3號南向125.7公里處內側車道，被國道
二隊後龍分隊員警測得時速95公里。因該路段速限時速110公里，員警依道路交通管理處
罰條例，開製「行駛高速公路未依規定之最高速度行駛內側車道」紅單，由監理單位裁罰
3千元。
趙女主張，她是因超車及與前車保持適當安全車距而稍減速，且她的車速錶顯示當時時速
103至105公里，而依國家車測中心允許各車廠最大誤差值10％，然員警取締實測她的車速
為時速95公里，致人民無所適從，難以歸責於她，聲明處分撤銷。
法官審理，依高速公路及快速公路交通管制規則，以時速110公里計算，應與前車保持最
小距離55公尺的行車安全距離；不過，法官勘驗當時路況交通順暢、無壅塞，趙女與前車
距離均維持100公尺以上，並無因保持安全距離而以低於時速110公里車速行駛的必要。
對於趙女主張車輛車速錶依國家車測中心容許10%誤差；法官認為，依高速公路及快速公
路交通管制規則、違反道路交通管理事件統一裁罰基準表記載，應以最高速限行駛內側車
道，若依趙女所陳當時車輛車速錶顯示時速介於103至105公里，其既信賴車輛車速錶所顯
示的車速，也未達該路段規定的最高速限時速110公里，趙女縱無故意，也顯有過失。
此外，趙女另主張，她曾電詢後龍分隊值班員警，對方回覆稱一般時速95公里不開單，但
此件舉發員警就時速低於110公里均會開單，質疑執法公正性因人而異。
法官則認為，趙女並無提出具體事證，已難遽採。況舉發單位對其他違規車輛未予舉發，
縱涉有怠惰或違法行使職權問題，但與趙女是否違規屬兩碼事，不因此解免趙女違反行政
法上義務所應負擔的責任，認此部分主張，也無可取。
心得/說明：(30字以上)
國三苗栗後龍那路段記得3車道、車流也不大，內線要開低於110是挺不容易的
--
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at 2023-01-12T23:58
今天去撕了隔熱紙超爽的
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at 2023-01-12T23:45
at 2023-01-12T23:45
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at 2023-01-12T16:21
at 2023-01-12T16:21
純電車的續航力要到多少才算綽綽有餘？
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at 2023-01-12T13:29
at 2023-01-12T13:29
純電車的續航力要到多少才算綽綽有餘？
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at 2023-01-12T12:38
at 2023-01-12T12:38