Problems in Determining Criminal Penalties and Safety Measures for Drivers Under the Influence of Alcohol or Other Intoxicating Substances in Thailand under the Road Traffic Act B.E. 2522

Abstract

This research consists purposes were 1. to examine the concepts, theories, and principles relating to safety measures for offenders driving under the influence of alcohol or other intoxicating substances 2. to compare the laws governing criminal penalties and safety measures for such offenders in Thailand with those of Japan, the Federal Republic of Germany, the United States of America, Canada and the United Kingdom 3. to analyze legal issues concerning criminal penalties imposed on drivers under the influence of alcohol or other intoxicating substances and 4. to propose recommendations for improving legal measures relating to safety measures for such offenders. It is a qualitative study that employs document research techniques from laws, Supreme Court decisions, textbooks, scholarly articles, theses, research papers and foreign laws. The information gathered from these sources is then analyzed. The study found that 1) the current concept of criminal punishment does not focus solely on retribution for wrongdoing but also emphasizes deterrence, societal protection and the rehabilitation of offenders in accordance with modern criminal law concepts and social defense theory. However, Thailand's legal measures regarding driving under the influence of alcohol or other substances still primarily focus on increasing criminal penalties, lacking systematic preventive safety measures and rehabilitation for offenders. This results in an inability to effectively address the root causes of recidivism of recidivism effectively 2) Road Traffic Act B.E. Prof. The 1979 law of Thailand defines driving under the influence of alcohol or other substances as a criminal offense, imposing penalties such as imprisonment, fines and administrative measures like suspension or revocation of driving licenses. However, it still focuses more on punishment than prevention. In contrast, the laws of foreign countries such as Japan, the Federal Republic of Germany, the United States, Canada and the United Kingdom systematically incorporate safety measures alongside criminal penalties, such as rehabilitation for alcoholics, physical and mental fitness assessments, road safety training, driving restrictions and the use of ignition interlock devices to prevent repeat offenses and protect public safety 3) Thai law still has issues with the ambiguity in interpreting the terms other intoxicants and other intoxication because there are no clear definitions provided. This results in limitations in law enforcement, especially in cases involving new intoxicating substances. New forms, such as cannabis and kratom, in addition, the penalty structure is broad and allows for discretion. In the broad application of deferred punishment, the penalties in practice do not align with the severity of the circumstances and the impact on society and it also cannot effectively deter repeat offenses Additionally and 4) the Road Traffic Act should be revised. B.E. In 1979, the definition of other intoxicants and other intoxication was expanded to cover all substances that affect driving performance. The penalty structure was revised to align with the severity of the offense and safety measures were implemented alongside criminal penalties, such as treatment and rehabilitation, road safety training, installation of alcohol ignition interlocks and individual driving restrictions. These measures aim to enhance the effectiveness of preventing repeat offenses and reducing road accidents sustainably.