KUALA LUMPUR: Driving under the influence of alcohol resulting in death should be treated as a serious crime, reflecting the severe consequences of such actions, said a traffic and road safety expert.
“We can investigate such cases under Section 302 of the Penal Code to ensure that those who commit these acts are deterred.
“This is because individuals are aware that driving while intoxicated is prohibited, yet they choose to proceed.
“However, it is ultimately up to the court to make that determination, although investigations may be conducted under the Penal Code,” Universiti Kebangsaan Malaysia (UKM) professor Dr Rozmi Ismail told Bernama.
“If we look at the impact on the victims, I feel that this is very unfair.
“The offender may be imprisoned for 10 years, but the victim who died has left behind children. Who will support them?”
He also proposed that welfare- based approaches, such as the concept of diat (compensation) in Islamic law, be considered to ensure that offenders bear responsibility for supporting the victim’s family.
Under Section 44 of the Road Transport Act 1987, individuals who drive under the influence of alcohol or drugs and cause death may, upon conviction, face imprisonment of not less than 10 years and not more than 15 years, a fine of between RM50,000 and RM100,000, and disqualification from holding a driving licence.
Malaysian Islamic Youth Movement president Ahmad Fahmi Mohd Samsudin called for immediate amendments to the Penal Code to ensure that individuals who drive under the influence of alcohol or drugs and cause death are classified as committing a serious criminal offence equivalent to culpable homicide.
“This approach is important to recognise that such acts are no longer ordinary negligence, but a form of gross negligence with fatal consequences for the public,” he said.
Meanwhile, Malaysian Society for Occupational Safety and Health president Datuk Ahmad Fakhrul Anuar Ismail urged stricter enforcement against intoxicated driving, as well as consideration of in-vehicle detection technology to prevent similar tragedies from recurring.
He said technologies such as the Driver Alcohol Detection System for Safety (DADSS) and Driver Monitoring System, could be utilised.
“Technologies like DADSS have already been developed as a preventive measure against drunk driving, and Malaysia can adopt such technological approaches in the future to ensure that vehicles cannot be operated by individuals under the influence of alcohol,” he said.
He added that penalties and fines for offences involving driving under the influence of alcohol or drugs should be reviewed to create a stronger deterrent effect.
On March 29, a car driver believed to be under the influence of alcohol and drugs crossed a double line in Klang and crashed into a motorcycle, killing the rider.
