A proposal to prosecute drunk drivers on charges of intentional homicide or attempted murder announced by Democratic Progressive Party (DPP) Legislator Lin Chun-hsien (林俊憲) drew mixed reactions, with some warning that it would shrink the courts’ discretionary power.
Lin, who cochaired the Legislative Yuan’s Transportation Committee during the session that ended last week, said that he would this week officially propose an amendment to Article 185-3 of the Criminal Code following extensive research and consultations with legal experts.
“Although the government has a ‘zero-tolerance’ policy against drunk driving, it does not seem to stop people from repeatedly breaking the law,” Lin wrote on Facebook. “Drunk driving should be deemed an act of intentional homicide or attempted murder, as drivers insist on driving in the knowledge that they could injure or kill others.”
Photo: Hu Kuo-chen, Taipei Times
“Not only do they pose a threat to other road users, but their actions could also lead to families falling apart, so they should be convicted for intentional homicide and attempted murder,” Lin wrote.
The amendment would help reduce drunk driving and recidivism, Lin said.
Lawyer Chen Chun-wei (陳君瑋), who represented the defendant in the Formosa Fun Coast water park disaster case, said comparing deaths caused by drunk driving and intentional homicide is like comparing apples and oranges.
The two offenses are listed under separate articles and incur different sentences because deaths caused by drunk driving are regarded as less malicious than murders committed by people with the intention to kill, he said.
The law stipulates a prison sentence of no more than 10 years for drunk drivers and more than 10 years for intentional homicide.
“One could only argue that drunk drivers deliberately operate the cars knowing that they should not, but their negligence, not their intentions, cause other people’s deaths,” Chen wrote.
Article 185-3 of the Criminal Code says that people who drive while under the influenced should be sentenced to no more than two years in prison, but that sentence becomes up to seven years if the offense results in serious physical injury, and 10 if it leads to deaths, Chen said.
The sentences for different crimes are based on their severity, but the proposed amendment would cause a sentencing disparity by equating deaths caused by drunk drivers with intentional murders, he said.
Laws must be drafted with common cases in mind, while judges must exercise their discretionary powers and rule according to the circumstances of each case, he said, adding that the proposal would put legislators in the judge’s seats.
President Tsai Ing-wen’s (蔡英文) administration needs to show people that it is making a difference, but it cannot twist the law, it would risk being labeled populist, Chen added.
Taipei City Councilor Yu Shu-hui (游淑慧) said that the proposed amendment would only target driving under the influence (DUI) of alcohol, while ignoring the hazards caused by fatigue or driving under the influence of narcotics.
Tired drivers, and people driving under the influence of alcohol or addictive substances, should all be held responsible from the moment that they decide to drive, no matter whether they do so deliberately, Yu said.
“The amendment was proposed to please the public and without regard for the legal consequences,” she said.
“If deaths caused by drunk-driving recidivism would be viewed as intentional homicides, would drunk driving that causes no deaths be considered attempted murder?” she asked.
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