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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/06/24 09:07
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Criminal Code of the Armed Forces CH

Announced Date: 2023-12-27
Content:
Decree No. 11200113081 of President Hua Zongyiyi on December 27, 2023
Amend and publish Article 54.
Article 54
A person who drives a motor vehicle in any one of the following circumstances shall be sentenced to imprisonment for not more than three years; in addition thereto, a fine of not more than NT$400,000 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. drugs, narcotics or other similar substances, or their metabolites present in urine or blood specified by the Executive Yuan at concentrations equal to or exceeding the limits.
4. there are circumstances other than those stipulated in the preceding subparagraph which may prove that the person has consumed drugs, narcotics or other similar substances which 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, in addition thereto, a fine of not more than NT$2,200,000 may be imposed; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment for not less than one year but not more than seven years, in addition thereto, a fine of not more than NT$1,200,000 may be imposed.
A person who has once committed the offense set forth in this article or in Article 185-3 of the Criminal Code of the Republic of China and been judged guilty or subject to deferred prosecution but commits the offense set forth in paragraph 1 again within ten years that results in the death of another shall be sentenced to life imprisonment or imprisonment for not less than five years, in addition thereto, a fine of not more than NT$3,200,000 may be imposed; in case of serious physical injury, such person shall be sentenced to imprisonment for not less than three years but not more than ten years, in addition thereto, a fine of not more than NT$2,200,000 may be imposed.
A person who drives an official or military motor vehicle commits an offense set forth in this article may have the punishment prescribed for such offense increased by half.
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