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Drunk Driving Penalty in Taiwan

A drunk driving accident in Kaohsiung on the 26th of this month caused one death and three injuries.  Drunk driving now becomes the public enemy of all people and needs to carry heavy criminal responsibility.  We would like to remind you, ROC citizens or migrant workers, no matter driving a car, riding a motorcycle, or an electric vehicle, once caught by the police, you will be charged for criminal responsibility for drunk driving.  

 

Please, all my friends, do not drive after drinking wine or alcohol.

 

Listed below is the provision of the Criminal Code for drunk driving.
Article 185-3 (Fail to drive safely)
A person who drives a motor vehicle in any one of the following circumstances shall be sentenced to imprisonment for not more than two years; in addition, thereto, a fine of not more than two hundred thousand dollars may be imposed:
1. the person’s exhalation contains alcohol of 0.25 milligrams per liter or more, or the person’s blood alcohol concentration is 0.05 percent or more.
2. there are circumstances other than those stipulated in the preceding subparagraph which may prove that the person has consumed alcohol or other similar substances which prevent the person from driving safely.
3. the person uses drugs, narcotics, or other similar substances that prevent the person from driving safely.
If the offense results in death, the offender shall be sentenced to imprisonment for not less than three years but less than ten years; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than one year but less than seven years.

 

Article 41 of Criminal Code (Replacement of penalty)

In an offense that carries a maximum principal punishment of not more than five years’ imprisonment, if the offender is sentenced to imprisonment for not more than six months or short-term imprisonment, the punishment may be commuted to a fine at a daily rate of NTD one thousand, two thousand or three thousand. This provision does not apply to the cases in which the commutation of the pronounced punishment as imposed is manifestly of little corrective effect, or the legal order cannot be maintained.

 

In addition, the "Road Traffic Management and Penalty Act" also has a penalty article to deal with drunk driving, here it is:
Should a test or inspection prove that any of the following offenses occur on the driver, the motorcycle driver shall be fined from NT$15,000 to NT$90,000, the car driver shall be fined NT$30,000 to NT$120,000, the car or motorcycles shall be removed from the scene and be detained by the authorities, and the driver license shall be suspended for 1 to 2 years. In the same case, should any passenger with the age of 12 or younger in the car, or result in an accident with injuries, the driver license shall be suspended for 2 to 4 years; and should said accident result in serious injury or death, the driver license shall be revoked and be permanently prohibited from driving:
1. An alcohol level exceeding the maximum tolerate standard.

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