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Criminal Code of the Armed Forces CH

Announced Date：	2019-11-20
Content：	Decree No. 10800125981 of President Hua Zongyiyi on November 20, 2019 Amend and publish Articles 54 and 72. 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 two years; in addition thereto, a fine of not more than NT$300,000 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. 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 not more than seven years. 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 five years that results in the death of another shall be sentenced to life imprisonment or imprisonment for not less than five years; 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. 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. Article 72 A person who fabricates or disseminates a rumor or false information regarding military for purpose that it be communicated to the pubic shall be subject to imprisonment for not more than three years, detention, or a fine of not more than NT$300,000. A person who commits an offense specified in the preceding paragraph through broadcasting TV, electronic communication, Internet or other media may have the punishment prescribed for such offense increased by half.

Announced Date：

2019-11-20

Content：

Decree No. 10800125981 of President Hua Zongyiyi on November 20, 2019
Amend and publish Articles 54 and 72.

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 two years; in addition thereto, a fine of not more than NT$300,000 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. 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 not more than seven years.

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 five years that results in the death of another shall be sentenced to life imprisonment or imprisonment for not less than five years; 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.

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.

Article 72
A person who fabricates or disseminates a rumor or false information regarding military for purpose that it be communicated to the pubic shall be subject to imprisonment for not more than three years, detention, or a fine of not more than NT$300,000.

A person who commits an offense specified in the preceding paragraph through broadcasting TV, electronic communication, Internet or other media may have the punishment prescribed for such offense increased by half.