Executive Yuan Proposes Stiffer Penalties for Drug-Impaired Driving, Including Life Imprisonment for Repeat Offenders Causing Death

(Central News Agency, Reporter Lai Yuzhen, Taipei, June 11) The Executive Yuan Council today proposed amendments to comprehensively increase penalties for drug-impaired driving (毒駕). Under the proposed changes, the prison term for drug-impaired driving will be raised to up to 5 years. Causing serious injury will result in a sentence of 3 to 10 years, and causing death will lead to 5 to 12 years. If a repeat offender causes death within 10 years, the penalty can be life imprisonment or a minimum of 7 years. Fines for active-duty military personnel will also be increased, with a maximum combined fine of NT$4.2 million.

Under the current Criminal Code, drunk or drug-impaired driving carries a sentence of up to 3 years and a fine of up to NT$300,000. For active military personnel, the maximum fine is NT$400,000. Causing death by such driving results in 3 to 10 years and a fine of up to NT$2 million; causing serious injury results in 1 to 7 years and a fine of up to NT$1 million. To strengthen the prevention of drug use and drug-impaired driving, the Executive Yuan today approved the draft amendments to Article 185-3 of the Criminal Code of the Republic of China and Article 54 of the Military Criminal Code of the Army, Navy, and Air Force, comprehensively raising related penalties. The drafts will be sent to the Legislative Yuan for review.

According to the draft amendment to Article 185-3 of the Criminal Code, future drug-impaired driving will be punishable by up to 5 years in prison and a fine of up to NT$500,000. Causing serious injury will result in 3 to 10 years and a fine of up to NT$2 million. Causing death will result in 5 to 12 years and a fine of up to NT$3 million.

For repeat offenders causing serious injury within 10 years, the penalty will be 5 to 12 years and a fine of up to NT$3 million. For repeat offenders causing death within 10 years, the penalty will be life imprisonment or at least 7 years, and a fine of up to NT$4 million.

Furthermore, the draft amendment to Article 185-3 also stipulates that vehicles will be confiscated in cases of death or serious injury caused by either drunk or drug-impaired driving. If confiscation is not possible, the equivalent value will be recovered.

The draft amendment to Article 54 of the Military Criminal Code aligns with the Criminal Code amendment but increases all fines by NT$100,000 to NT$200,000.

Deputy Minister of Justice Feng Cheng explained at a post-council press conference that the revision considers the legal differences between drunk and drug-impaired driving, the principle of proportionality, and the condemnation of recidivism, hence the increased penalties.

Executive Yuan Spokesperson Li Huizhi, during the press conference, conveyed Premier Cho Jung-tai's remarks. Cho stated that the key points of the amendment are the comprehensive increase in penalties, higher fines in the Military Criminal Code compared to the Criminal Code, and the strict new regulation on vehicle confiscation. This aims to prevent drunk and drug-impaired driving, deter others from providing vehicles to drinkers or drug users without just cause, and achieve the dual goals of general and specific deterrence.

Premier Cho also instructed Political Affairs Commissioner Lin Ming-hsin to continue supervising ministries to submit the Narcotics Hazard Prevention Act, the Road Traffic Management Penalty Act, and the Tobacco Hazards Prevention Act to the Executive Yuan Council for discussion as soon as possible to complete the legal framework. He also asked relevant ministries to accelerate the study of incorporating saliva testing into law.

The Executive Yuan will also establish a "Crrackdown on Organized Crime and Drugs Command Group," personally convened by Premier Cho, with Commissioners Lin Ming-hsin, Chen Shih-chung, and Chi Lien-cheng participating. The group aims to integrate the six major investigation systems of prosecution, police, investigation, military police, coast guard, and customs from legal, public health, and enforcement perspectives to curb illegal activities. (Editor: Lin Xingmeng) 1150611

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