In this article some arguments regarding the question whether violators of paragraph 26 of the Dutch Road Traffic Act - drunken drivers - should be punished with a prison sentence or a fine are discussed. First the results of two research projects are presented, one to the special-preventive effect of punishment, the other concerning general deterrence. It is concluded that in no respect jail sentence is more effective. Secondly the problem that a fine - of let's say 500 guilders - doesn't affect everyone alike is discussed. Some suggestions are made to solve this problem. Finally attention is paid to the possible difficulties which can arise in executing fines. Some figures are presented showing that in general execution is without problems and that the amount of the fine is irrelevant to the eventual problems with the collection. It is concluded that in present circumstances a fine is far preferable to a prison sentence.
Abstract