Should drunk driving always result in dismissal ?

Drunk driving has long been recognized as a serious public safety concern in Taiwan. Reports of repeat offenders causing fatal accidents are unfortunately not uncommon, and public opinion strongly condemns such conduct. In recent years, there have even been calls advocating that drunk driving resulting in death should be punished on par with intentional homicide. Reflecting this societal stance, the Ministry of National Defense has consistently adopted a “zero tolerance” approach, including policies of “immediate dismissal for drunk driving.” This position is further reinforced through public communication, such as editorials in the Youth Daily News, and is strictly implemented across all levels of the armed forces.

At STRATEGOS Attorneys-at-Law, we have handled cases where the application of these strict policies has raised important legal questions. In one notable instance, the Minister of National Defense personally issued a dismissal order during a military disciplinary review. However, the Supreme Administrative Court, in Judgment No. 712 (2021), found such action unlawful and upheld the service member’s right to retain his position. The decision reaffirmed the principle that disciplinary measures, even under a zero-tolerance policy, must comply with legal due process.

This case illustrates the balance between maintaining military discipline and protecting the legal rights of service members. Our firm remains committed to providing comprehensive legal support in matters involving disciplinary actions, administrative litigation, and related military law issues.