PROBLEMS PENALTY OF DRUNK VEHICLE DRIVING IN THE CASE OF DRIVING WHILE DRUNK ALCOHOL CAUSING DEATH TO ANOTHER PERSON

Abstract

This research aimed to: 1) investigate theories related to penalty enhancement for drunk drivers, 2) explore problems of penalties and penalty enhancement for drunk drivers, 3) compare penalties specified by Thailand and oversees countries’ laws, and 4) propose legal amendments for enhancing penalties for drunk driving causing death. This research employed qualitative methodology, reviewing documents, theories, and related laws in Thailand and oversees countries. The results revealed that, according to the Land Traffic Act, B.E. 2522 (1979), penalties for drunk drivers were not severe when compared with their intention to violate the law resulting in drunk drivers repeating their violations and not realizing the death of their victims which caused them to be charged with reckless driving causing death. Penalty enforcement would prevent repeat violations and minimize car accidents. Therefore, the research recommended the amendment of the Land Traffic Act, B.E. 2522 (1979) by enhancing penalties for drunk drivers based on the blood alcohol level and the number of violations. In addition, passengers drinking alcohol, entrepreneurs of entertainment venues, and alcohol sellers should be punished. Drunk driving causing death should be also considered as murder with an intention to kill.