Drunk Driving Liability Issues of The Road Traffic Act, B.E. 2522 Comparison With Japanese Law

Authors

  • Tripecth Jitmahuema Faculty of Law Sripatum University
  • Patcha Jitmahuema Director Administrative Law Case and Analysis Section, Administrative Law Division, Office of the Council of State and Special Lecturer of Faculty of Law, Master of Laws Program, Sripatum University (SPU), Bangkok.
  • Natthaphon Anchan Faculty of Law, Nakhon Phanom University

Keywords:

Drunk driving, Criminal liability and fine, Protect the rights of non-alcoholic drinkers

Abstract

This research on the problem of drunk driving liability in Thailand aims to study the origin of the problem of drunk driving liability under the Road Traffic Act, the rules, theories and legal measures related to the liability for drunk driving. and drive according to the Road Traffic Act, B.E. 2522, Section 43, which prohibits the driver from driving while the inability to drive while intoxicated with alcohol or other intoxicants in a way that obstructs traffic by negligence or terror that may cause harm to persons or property In an unusual way of driving normally By comparing the Japanese law on drinking, drunk driving under the Penal Code. which is a penalty for drunk driving to protect people's rights in daily life. This research is a qualitative research study under the Criminal Code. Civil and Commercial Code, textbooks, books, legal academic articles and interviews with specialists and people who do not drink alcohol to compare Japanese law In the case of drunk driving in Thailand in the enforcement of the Road Traffic Act BE 2522, Section 43, which the master law does not impose a penalty for those who borrow vehicles or use vehicles or who provide machines. Alcohol provides or encourages drivers to drink alcoholic beverages. while the driver is likely to drive in a condition with an alcohol content in the body, or the person requesting a passenger in a vehicle pays homage to him or herself or joins in the ride In the case of knowing that the driver is drunk, the driver to be punished by law. Recommendations: It is advisable to amend the Road Traffic Act, B.E. 2522, Section 43 by requiring those who lend vehicles or use vehicles or those who provide alcoholic beverages or encourage drivers. drink alcohol while the driver is likely to drive in a condition with an alcohol content in the body, or the person requesting a passenger in a vehicle pays homage to him or herself or joins in the ride In the case of knowing that the driver is drunk, the driver to be punished by law

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Published

2023-07-20

Issue

Section

บทความวิจัย (Research article)