Annotated Republic of China Laws/Criminal Code of the Armed Forces/Article 54

From Wikibooks, open books for an open world
Jump to navigation Jump to search
Criminal Code of the Armed Forces
Republic of China Law
Article 54
The amendments in 2008, 2011 and 2019 were to increase the penalties. The amendment in 2013 would further define criminal drunk and drugged driving.
Do not drink and drive.

Promulgated full amendment on 2001-09-28[edit]

Effective on 2001-10-02

Article 54[1]
A person who takes drugs, anaesthetic, alcohol or other similar and drives motor vehicle but can’t drive safely shall be punished with imprisonment for not more than one year , detention or a fine of not more than 100,000 yuan.
If the death of a soldier results from the commitment of the offence, the offender shall be punished with imprisonment for not less than one year and not more than seven years; if serious bodily harm results, the offender shall be punished with imprisonment for not less than six months and not more than five years.

Promulgated amendment on 2008-01-02[edit]

Article 54[2]
A person who takes drugs, anaesthetic, alcohol or other similar and drives motor vehicle but can’t drive safely shall be punished with imprisonment for not more than one year , detention and/or a fine of not more than 200,000 yuan.
If the death of a soldier results from the commitment of the offence, the offender shall be punished with imprisonment for not less than one year and not more than seven years; if serious bodily harm results, the offender shall be punished with imprisonment for not less than six months and not more than five years.

Promulgated amendment on 2011-11-30[edit]

Article 54[3]
A person who takes drugs, anaesthetic, alcohol or other similar and drives motor vehicle but can’t drive safely shall be punished with imprisonment for not more than two years , detention and/or a fine of not more than 300,000 yuan.
If the death of a soldier results from the commitment of the offence, the offender shall be punished with imprisonment for not less than one year and not more than seven years; if serious bodily harm results, the offender shall be punished with imprisonment for not less than six months and not more than five years.

Promulgated amendment on 2013-05-22[edit]

Article 54[4]
A person who drives a motor vehicle in either of the following circumstances shall be sentenced to imprisonment for not more than two years, in addition thereto; a fine of not more than three hundred thousand NTD may be imposed:
a. The person’s breath alcohol content is of 0.25 milligrams per liter or more, or the person’s blood alcohol concentration is of 0.05.
b. When circumstances other than those stipulated in the previous subparagraph appear to prove that the person has consumed alcohol or the similar substances that disable the person from driving safely.
c. When the person uses drugs, narcotics or other similar substances that disable 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.

Promulgated amendment on 2019-11-20[edit]

Article 54

(awaiting governmental translation)

  1. Reversed-derived from 2013 text.
  2. Reversed-derived from 2013 text.
  3. Reversed-derived from 2013 text.
  4. "Criminal Code of the Armed Forces: Article 54". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2017-04-19. https://law.moj.gov.tw/ENG/LawClass/LawSearchContent.aspx?pcode=F0120001&norge=54. Retrieved 2019-11-21.