Do you still dare to drive after drinking? A Brief Introduction to "New Amendment of Road Traffic Management Penalty Ordinance"

        　　In recent years, news of death and injury caused by drunk driving has emerged in endlessly. In order to curb drunk driving, the Legislative Yuan passed the amendment of some provisions of the "Road Traffic Management Penalty Ordinance" on March 26, 2019. This issue of "Legal Column" explains the key points of the amendment in detail, and calls on everyone to "drink without driving, do not drink." "!

        I. Diversion of administrative penalties for automobiles and locomotives, and improvement of administrative penalties and extension of the period of suspension of driving licences
         (1) According to Article 35, Item 1, of the Road Traffic Management Penalty Ordinance, "Motorcycle drivers, who drive a motorcycle, have been tested and verified under one of the following circumstances: Motorcycle drivers are punished with fines of NT$15,000 or less, and motorists are punished with fines of NT$30,000 or NT$120,000, all of which are appropriate." The driver's license of the locomotive and its suspension shall be kept for one to two years; the driver's license shall be suspended for two to four years if a child under 12 years of age is attached or a person injured as a result of the accident; the driver's license shall be revoked if a person is seriously injured or dead, and the driver's license shall not be examined again: 1. Alcohol concentration exceeds the prescribed standard. 2. Drugs, hallucinogens, narcotic drugs and similar controlled drugs. Paragraph 3: "From the date of the implementation of the amended provisions of the Republic of China on March 26, 108, motorcycle drivers who violate the first provision for the second time in five years shall be punished according to the maximum penalty prescribed in the first paragraph, and those who violate the first provision for the third time or more shall be fined NT$90,000 in addition to the amount of the penalty prescribed in the previous paragraph." The locomotive shall be replaced and kept on site, its driving license revoked and road traffic safety workshops imposed; if the person causing serious injury or death in the accident, his driving license shall be revoked and he shall not be eligible for further examination. "
        
         (2) Legislators consider the dangers of different means of transport. For the first offenders of drunk driving, they shall be punished separately. For the first offenders, they shall be fined 30,000-120,000 yuan for driving a car, 15,000-90,000 yuan for driving a locomotive, and 120,000 yuan for driving a locomotive, and 90,000 yuan for driving a locomotive. If a third drunk driver is caught, he will be fined 90,000 yuan. Compared with the current law, the content of the amendment has been significantly increased, and the period of suspension of driving license due to drunk driving has also been extended.

        2. Joint Seating Responsibility of the Owner and Passenger of the Locomotive
         (1) Paragraph 7 of Article 35 of the Road Traffic Management Penalty Ordinance stipulates that: "If the owner of a motor vehicle knows that the driver of a motor vehicle has the circumstances specified in Item 1 and refuses to prohibit the driver, he shall be fined in accordance with Item 1 and the license plate of the motor vehicle shall be suspended for three months. "Item 8 stipulates that the alcoholic concentration in the exhaust of a locomotive driver is 0.25 mg per liter or 0.05% in the blood after testing and verification, and the passengers on the same bus aged 18 or over are fined at NT$600 or less than NT$3,000. However, passengers over 70 years old, mentally retarded or in the automobile industry are not subject to this restriction. "
        
         (2) Legislators are obliged to prohibit motorcycle drivers from driving when they know that they have drunk driving, otherwise they will be subject to corresponding administrative penalties. Passengers aged 18 or older who share the same car with drunk drivers are also reminded of their obligation to prohibit drunk driving, otherwise they will be punished.

        3. Drunk driving kills and injures people and drives vehicles in
         (1) Article 35 (9) of the Road Traffic Management Penalty Ordinance stipulates that: "If a motorcycle driver is in the case of Item 3, Item 4 and Item 5, causing serious injury or death, he may enter the vehicle in accordance with Articles 7, 21, 22 and 23 of the Administrative Penalty Law. "
        
         (2) Legislators consider that drunk driving seriously endangers the safety of other passers-by's lives and property. In particular, in this amendment, they relax the provisions on vehicle submergence as a warning.

        IV. Forced Use of Automatic Locking Device for Vehicle Ignition
         (1) Article 35 (1) of the Road Traffic Management Penalty Ordinance stipulates that: "If a driver fails to drive or use a vehicle equipped with an automatic ignition locking device after he has obtained a driving license in accordance with Article 67 (5), he shall be fined NT$6,000 or less and transferred on the spot to keep the vehicle." The vehicle ignition automatic locking device referred to in the preceding paragraph shall be used for unlocking by others, and the perpetrator shall be punished with a fine of NT$6,000 or more and less than NT$12,000. Item 1 The specifications and functions of the automatic ignition locking device for vehicles, the types of vehicles to be allocated, the period of allocation, the management and other matters to be followed shall be determined by Department of Transport in conjunction with the Ministry of the Interior. "
        
         (2) If a drunk driver completes drunk driving prevention education or treatment according to regulations after revoking his driving licence, he may apply for a driving licence again. Only after he receives a driving licence again, he shall install an automatic vehicle ignition locking device, the so-called "alcohol lock", in accordance with the provisions of this article, in order to avoid drunken driving. Driving happened again.

        5. Drivers of slow cars should also be punished for drunk driving
         (1) Article 73, Item 2 and Item 3 of the Road Traffic Management Penalty Ordinance stipulates that: "Drivers of slow cars whose alcohol concentration exceeds the prescribed standard after testing and testing shall be fined at NT$600 or more and less than NT$1,200. If a slow-car driver refuses to accept the test mentioned above, he shall be fined NT$2,400. "Slow cars" refer to "bicycles" (including bicycles, electric auxiliary bicycles, electric bicycles) and "slow cars with more than three wheels" (including manpower vehicles and animal vehicles) in accordance with Article 69 of the Regulations.
        
         (2) The amount of penalty for people riding bicycles after drinking is increased from 300 yuan to 600 yuan, to 600 yuan to 1,200 yuan. If they refuse to take alcohol testing, they may be punished by 2,400 yuan.

        VI. CONCLUSION
         Legislators intend to curb drunk driving by increasing fines and prolonging the period of suspension of driving license, and to amend the law on drunk driving in accordance with the criminal law, with a view to eliminating the regret of drunk driving and ensuring the safety of people's life, body and property by means of criminal punishment and administrative punishment.