Portal field news

Portal field news

in ,

🚗 | Wrong-way driving, 4-seater ... “Lawless zone” Japanese-style motorcycle training gains trust in Thailand [From Shizuoka]


写真 

Wrong-way driving, 4-seater ... "Lawless zone" Japanese-style motorcycle training gains trust in Thailand Local coverage [from Shizuoka]

 
If you write the contents roughly
Strengthening the crackdown on unlicensed and drunk driving seems to be important as an accident prevention measure.
 

The incidence of traffic fatal accidents in Thailand is about eight times that of Japan.Dangerous driving such as ignoring traffic lights and riding a four-seater motorcycle is a daily routine ... → Continue reading

 TV Shizuoka

"TV Shizuoka" (Fuji TV affiliate) news account. We will send you the latest news from Shizuoka prefecture.


Wikipedia related words

If there is no explanation, there is no corresponding item on Wikipedia.

Accident prevention measures

    Drunk driving

    Drunk drivingIs theDrinkingLater thatalcoholUnder the influence ofAutomobileSuch asvehicleTheoperationThe act of doing.In many countriesIllegal-crimeCorresponds to.Other means of transportation in similar situationsControlIf you doDrunk drivingIt ’s called (Inshu Soju),Ship(Drinking maneuvering)[1],Railway car,aircraftAnd so on.

    JapanDue to the regulation by the traffic regulations ofIn the bloodOr alcohol in exhalationconcentrationEspecially when driving or manipulating when theDrunk drivingIt is called (maneuvering), especially when driving (maneuvering) ability is lacking regardless of numerical values.Drunk drivingIt is called (steering).

    Overview

    Alcohol contained in sake (ethanol) Iscentral nervous systemActing onbrainIs a substance that suppresses the nerve activity of[3].. That is, the act of drinking ismotionDeterioration of function,reason・Lower self-control, dynamicsvision-concentration-Cognition能力·SituationJudgmentIt is an inevitable act to cause a decrease in[3]On the other hand, the act of driving a car, etc.License systemAs shown in the fact that the driver is taking a stance, it is an act that involves a great danger that may affect the lives of the driver, fellow passengers, and pedestrians in the surrounding area.For this reason, many countries have laws prohibiting or restricting driving while under the influence of alcohol.

    In Japan,Road Traffic LawArticle 65 paragraph 1[4][5] At "Many people,liqueurYou must not drive a vehicle with caution, "and violations are subject to strict crackdowns."Vehicles, etc." under the law include automobiles.オ ー ト バ イ,Moped bikenot onlyBicycleSuch asnon-motorized vehicle,furthertrolley bus,Tram,UshiumaEtc. are also included.In addition, the place where the prohibition of drunk driving under the Road Traffic Act is applied is referred to in the Road Traffic Act.道路[Annotation 1]Limited to the above.However, unlike the Road Traffic Act,Act on Punishment for Acts that Cause Death or Injury to People by Driving a CarHas no such limitation.

    In addition, Act on ensuring the quality, effectiveness and safety of pharmaceuticals, medical equipment, etc.Subject toMedicineCorresponds toHealthy sake(YomeishuEven if it is medicinal liquor), it may fall under the category of alcohol because it contains alcohol. Applicable[6].

    In the case of railroad carsMinisterial Ordinance that sets technical standards for railwaysArticle 11, paragraph 3,Orbit driving rulesArticle 6-2 paragraph 2,Ruleless train driving rulesAccording to Article 2-2 paragraph 2,aircraftaboutAviation lawArticle 70, for ships, etc.Ship Staff and Small Ship Operators ActUnder Article 23-36, Paragraph 1[Annotation 2]Is prohibited.Pleasure boatSuch as small vesselsWater motorcycleEven though the Small Ship Operators Law prohibits drinking maneuvers (watercraft), there is no punishment provision.OrdinanceSet penalties inMunicipalitiesIs increasing[1].

    History

    Drinking culture,VehicleAlthough the history of the culture goes back to prehistoric times, as far as records are concerned, no law prohibiting riding a horse or serving as a coachman in a drunken state will appear until modern times.Until very recently in human history, it was difficult to obtain and store clean, clean water in many parts of the globe, and alcohol was a safe and well-preserved beverage, so if you drink alcohol in a modest manner. Maneuvering the vehicle was not considered a problem.I got drunk even with historical materials such as literature and paintingsLordAppears frequently.

    Driving a vehicle in a drunken state has become a social problem since the latter half of the 19th century, when fast-speed automobiles that could be owned by individuals were invented and became widespread.The first recorded drunk driving arrest for humankind was in 1897,英国The capital ofUKTaxiA man named George Smith who was a driver.Smith crashed into a building while driving drunk and was eventually convicted, 25SchillingWas fined[7][8].

    米 国Then.New York StateThe drunk driving ban was passed in 1910 for the first time in the United States.[9]..Although such early legislation prohibited driving in drunkenness, there was no specific quantitative standard for alcohol intake.The method of judgment was based on the observation and inspection of the driver by the doctor after the accident, and was largely dependent on the subjectivity of the doctor. In the mid-1930s, the principle of breath alcohol testing, which is still in use today, was invented. In 1938, U.S. medical personnel and traffic authorities proposed a blood alcohol concentration of 0.15% as a driving ban standard.History of DUI Laws.

    History in Japan

    Second World WarBeforeMinistry of InteriorAlthough the road control and automobile control ordinances stipulate the passage method of horses and the driver's license of automobiles, there is no provision for drunk driving.After World War IIThe Constitution of JapanThe old Road Traffic Control Law was enacted in 1947 because the regulations by the Ordinance of the Ministry of Interior expired due to the enactment ofLaw No. XNUMX (Showa XNUMX/XNUMX/XNUMX) Road Traffic Control LawHowever, there was no provision in the old road traffic law prohibiting drunk driving.Drunk driving was banned by law in Japan in 1960.Road Traffic LawAt the time of revision.This law prohibits driving at 1 mg or more per liter of exhaled breath.The punishment for drunk driving violations at that time was "less than two years.ImprisonmentOr a fine of XNUMX yen or less "[10]..After that, in the 21st century, the punishment is gradually becoming stricter.

    Drunk driving in Japan

    Japanese law on drunk driving

    Types of drunk driving

    Under the Road Traffic Act of Japan, regarding penalties for drunk driving of vehicles, etc.Drunk drivingWhen,Drunk drivingThere are two types.

    1. The case of drunk driving corresponds to the case where "normal driving may not be possible due to the influence of alcohol" regardless of the detected value of alcohol concentration. Specifically, whether or not you walk on a straight line and wander, whether your vision is working soundly, whether your motor and sensory functions are not anesthetized, and whether your judgment and cognitive abilities are deteriorated from words and actions. Is comprehensively judged. Generally unrecognized,non-motorized vehicle(BicycleDriving is also illegal and is subject to criminal penalties.
    2. The drunk driving is judged based on a formal criterion as to whether or not the blood alcohol concentration (or the exhaled breath alcohol concentration equivalent thereto) has reached a certain amount. Due to such differences in judgment criteria, the driver's constitution[Annotation 3] In some cases, even if the amount of alcohol is less than the amount of alcohol, it may be considered to be drunk driving. Although it is illegal to drive light vehicles (including bicycles) in this range, there are basically no penal regulations.

    Administrative sanctions

    Drunk drivingIt is,2002(Heisei14 years)5/31Up to 0.25 mg alcohol concentration in exhaled breath[Annotation 4] AboveViolation scoreIt was 6 points, but the same year6/1After that, the violation score is 0.15 points for 6 mg or more, the violation score is 0.25 points for 13 mg or more, and more.2009(17) After June 6, the violation score is 1 mg or more.13 points, 0.25 mg or more25 pointsAnd even a small amount of drunk driving is heavyDriver's license OfAdministrative sanctionsIs being imposed.

    In addition, if one act violates multiple provisions of the Road Traffic Act, the violation score of the heaviest act is usually applied, but if a violation or accident occurs while driving under the influence of alcohol. Applies to the (substantially) weighted violation score for the drunk driving score.Therefore, in a drunken situation (1 mg or more and less than 0.15 mg), even if the violation is not serious, even if it is the first violation, it may immediately correspond to the revocation of the license. be.

    Drunk drivingWas 2002 points in violation until May 14, 5, but after June 31 of the same year due to the revision of the law25 points, Furthermore, after June 2007, 19 (Heisei 6)35 pointsBecame. Immediately your license is revoked (Unlicensed drivingNot only in the case of denial of license, but also the disqualification period of the license (cannot take the re-examination) has been significantly extended (in the case of a cumulative score of 35, even if there is no previous history (without license obtained) Even though) the disqualification period is at least 3 years, andSpecific offenseThe longest case because it is a disposal byDisqualification period 10 yearsMay be).

    Basic score for violations related to alcoholism[11]
    Violation typeScore
    Drunk driving35 points (35 points even without a license)
    Drunk driving (0.25 or more)Uniform except for violations of applying 35 points or more25 points
    Drunk and unlicensed driving25 points
    Drinking (0.15 or more and less than 0.25) Overspeed (50 km / h or more)19 points
    Drinking (0.15 to less than 0.25) Excessive speed (30 (high speed 40) km/h to less than 50 km/h)16 points
    Drinking (0.15 or more and less than 0.25) Exceeding the weight limit of the load (10% or more for large vehicles)16 points
    Drinking (0.15 or more and less than 0.25) Exceeding the weight limit of loaded items (large vehicles, 5% or more, less than 10%, ordinary vehicles, 10% or more)15 points
    Drinking (0.15 or more and less than 0.25) Overspeed (25 km / h or more and 30 (high speed 40) or less than km / h)15 points
    Drinking (0.15 or more and less than 0.25) Exceeding the load weight limit (less than 5% for large vehicles, less than 10% for ordinary vehicles)14 points
    Drinking (0.15 or more and less than 0.25) Overspeed (less than 25 km / h)14 points
    Intoxicated (0.15 or more and less than 0.25) and 1 or 2 violations during other normal times14 points
    Drunk driving (0.15 to less than 0.25)13 points
    "0.25 or more and less than"In exhalationalcoholConcentration 0.25 mg or more and less than. It should be noted that "other 1 or 2 violations during normal times" do not include neglected parking violations.

    In addition,user(Safe driving managerIf the driver dictates or accepts drunk driving and the driver drunk driving, the administrative punishment for prohibiting driving the car for 6 months will also be issued.

    Criminal penalty

    2007(19)9/19Due to the enforcement of the revision of the Road Traffic Act, the penalties for drunk driving are "5belowImprisonmentOr100 million yenbelowfineThe penalties for drunk driving are "3The following imprisonment or50 million yenThe following fines have been further tightened. Also,Drinking detectionIf you refuse3The following imprisonment or50 million yenThe following fines" were strengthened.

    Regarding the driving of a car,user(Safe driving manager, Including operation managers) will also be punished.

    In addition, due to this amendment, those who provided vehicles or alcoholic beverages to those who may drive drunk, and those who requested to ride or carry them will also be punished individually (Later).

    In case of traffic accident

    More severe penalties will be applied when the fact of drunkenness/drinking driving is discovered or confirmed due to the occurrence of a traffic accident instead of an alcohol inspection.

    As an example, if you were drunk driving in a fatal accident, you will be charged 55 points for violation, and the disqualification period for the driving license test specified in Article 88, Paragraph 1 of the Road Traffic Act will be 7 years.

    If you were killed or injured and you were injured,Criminal law OfBusiness negligenceWas at most five years in prison, but after thatAct on Punishment for Acts that Cause Death or Injury to People by Driving a CarThe law has been amended so that the (Personal Car Driving Penalty Act) will be applied.

    • Dangerous driving fatal injury
      • If you drive an automobile in a situation where it is difficult to drive normally due to the influence of alcohol or drugs, and if you are injured, you can be imprisoned for up to 15 years, if you are fatal, you can be imprisoned for a period of 1 year or more, and even without a license In some cases, you will be sentenced to imprisonment for more than 6 months.
      • If an accident occurs while driving a car when there is a risk that normal driving will be disturbed while driving due to the influence of alcohol or drugs, jail time of 12 years or less in case of injury, 15 years or less in case of fatal death Be imprisoned. Furthermore, if you are not licensed, you will be imprisoned for up to 15 years if you are injured, and for a fixed term of 6 months or more if you are fatal.
    • Accidental driving fatal injury Alcohol, etc.
      • If you drive a car and have an accident while driving due to the influence of alcohol or drugs that may interfere with normal driving, take more alcohol or drugs or leave the place and keep it in your body. If you try to escape the discovery of the effects of alcohol or drugs by decreasing the concentration of alcohol or drugs, you will be punished by imprisonment with work for not more than 12 years, and if you are not licensed, imprisonment for not more than 15 years. Become.

    civil liability

    If an accident occurs due to drunk driving,Fault rateAbout, the drunk driver's negligence is recognized more than usual.

    Car insuranceThen, for the injury of the driver who drunk driving and the damage of the vehicleinsuranceMay not be paid[12].

    To the driver who caused the accidentuserIf there isUser responsibilityHowever, it is customary to take liability in solidarity. Note that this is separate from the car.

    Social sanctions

    See belowFukuoka drunk driving accidentSince then, private companiesCivil servantAs a general rule, employees and staff who have been drunk driving and tolerated while knowing itDisciplinary dismissal-Disciplinary dismissal(In many cases, employees are subject to dismissal or dismissal regardless of the type of industry/job type, working hours/non-work hours, and accidents).

    Due to the severe penalties for drunk driving, the management of local restaurants is no longer valid (“regional exhaustion”), which is part of the cause of the recession.[13]. There are also cases where restaurants do not dare to ask the visitor how to come to the store for this reason.[14].

    HikoneIn this example, if drunk driving is detected, the company will strictly dispose of it such as suspension or dismissal, but it is not required to report violations outside public affairs (outside working hours) or accidents. While there is a tendency to criticize this as a concealment constitution for scandals, it was stipulated that "no one is forced to make a disadvantageous statement to himself."Article 38 of the ConstitutionTherefore, there is an opinion that the enforcement is unconstitutional and the staff should morally judge the report to the city.[Annotation 5].

    In Yamanashi Prefecture, there have been a series of cases of arrests and arrests for drunk driving and related accidents.1976(ShowaIn 51), drunk driving was detected one after another, and by May, nine prefectural and municipal employees were arrested.In some cases, after the welcome party for new school staff, staff members ran away by drunk driving and were concealed throughout the school.With this as an opportunity, the prefecture as a whole became severely punished (unusual at that time)Suspension,Pay cut) Policy was announced[15], It never disappeared after that. 2006(18) February 9Minobu TownThe chairman of the education board was arrested for drunk driving, but wrote the articleAsahi ShimbunKofu Director General reporter was arrested for drunk driving on the same day (found on the next day 20)[16][17] Including2015(27)5/8ToYamanashi broadcastingSales Planning Department[18],same year7/8ToKofu CityCity council member[19], May 2016, 2Japan Pension ServiceKofu Director[20], May 2017, 6Yamanashi Prefectural OfficeMaster[21], May 2017, 7Yamanashi Prefectural PoliceAssistant Inspector[22] Have suffered accidental escape and property damage due to drunkenness, but both have resigned or have been dismissed.

    In some cases, dispositions related to social sanctions were disputed in court. May 2007,Yamagata Prefectural AssemblyA lawmaker was caught for drunk driving. After that, the prefectural assembly unanimously passed a resignation recommendation resolution[23] Due to non-compliance, the prefectural council issued a review requesting the Political Ethics Review Board to refrain from attending plenary sessions and committees until acceptance of recommendations and resignation.2003In November 15, a teacher in Kumamoto Prefecture, who was dismissed from disciplinary action due to drunk driving, requested that the disposition be withdrawn, and as a result, a Supreme Court ruling was issued that the disposition was unreasonable because of good performance appraisal. July 11, 2007 Asahi Shimbun). In May 7, it was discovered that he was driving under the influence of alcohol and was dismissed from disciplinary action.HyogoKasai CityOfficials filed a complaint calling for invalidation of the disposition.2009In April, the second trial of this proceedingOsaka High Court"Driving unrelated to work, the distance I was driving was short,Traffic accidentHas not happened, and the amount of detected alcohol isRoad Traffic LawThe lowest level of violation, disciplinary dismissal is harshDiscretion"It deviates from the disciplinary dismissal," and sentenced him to revoke his disciplinary dismissal.Furthermore, in September of the same yearSupreme CourtOf the cityappealTheRejectionHowever, the cancellation of disciplinary dismissal was confirmed.In response to this, the city eased the disciplinary action of employees for drunk driving from disciplinary dismissal to more than suspension in principle.[24].

    In the wake of the Supreme Court ruling in September 2009, 17 of the 9 local governments in Japan were dismissed from disciplinary action in principle for drunk driving civil servants.Prefectureas well as the CityHave found that they are reviewing or considering the disposal criteria[25].

    2010(22) Disciplinary dismissal for causing a property damage accident while driving under the influence of alcoholKyoto CityJunior high school OfProfessorSays that it is illegal to pay the full amount of retirement allowance,Kyoto District CourtFiled a complaint requesting cancellation of the disposal. The trial court said, "It is not a betrayal act that completely erases the achievements of (former head teacher) for many years."DiscretionHe admitted that it was illegal for the abuse ofOsaka High CourtIs "Personal injuryThere is a risk that the former professor's behavior is extremely malicious," and the sentence of plaintiffs' reversal was sentenced as "not an abuse of discretion[26].

    In competitions such as sports, when individuals or team members are found to have drunk driving, measures such as cancellation of participation may be taken.72th Selected High School Baseball TournamentThen,FukuiIt is inTsuruga Kebi High SchoolThe school's baseball team member was forced to withdraw from the school because of a car accident involving drinking and driving without a license.

    Responsibility of persons other than the driver

    Criminal punishment (single offense)

    The drunk driver is the driver (of the driver who hasuserIs punished for violating the Road Traffic Law, but due to the enforcement of the revision of the Road Traffic Law on September 2007, 9, those who provided vehicles to those who may drive drunk, and those who provided alcohol, and Those who requested or requested the transportation of the person to board the vehicle and were also punished individually.

    These acts are independent of the crime of the drunk driver,Solo offenderBe treated. Conspiracy of driver crimeJoint offenderOr, a person who is recognized as an accomplice (instruction, subordinate or tolerant) will be punished according to the offense (driver) for the crime.

    • Vehicle provision
      • In case of drunk driving
        Imprisonment of 5 years or less or fine of 100 million yen or less
      • In case of drunk driving
        Imprisonment of 3 years or less or fine of 50 million yen or less
    • Provision of alcoholic beverages
      • In case of drunk driving
        Imprisonment of 3 years or less or fine of 50 million yen or less
      • In case of drunk driving
        Imprisonment of 2 years or less or fine of 30 million yen or less
    • Passengers, etc.
      • In the case of drunk driving (only if you are aware that you are in a drunk driving state)
        Imprisonment of 3 years or less or fine of 50 million yen or less
      • In case of drunk driving or other than the above
        Imprisonment of 2 years or less or fine of 30 million yen or less
    Joint tort

    Not only can it be subject to punishment as a criminal case, but so too can the civil liability for a drunk driving accident.Joint tortAsLiabilityWill be borne (Civil Code Article 719).

    As an example,2001At the end of (13), there was a case in which a man drove a colleague for 7 hours while driving, causing a female college student who was 19 years old to overrun.Dangerous driving lethalHe was sentenced to 7 years in prison. However, his co-worker was also charged with the liability that he "drank alcohol while knowing the driver," and the Tokyo District Court2006(18)7/28, There is a case in which the colleague issued a compensation order of 5,800 million yen saying "I neglected the duty of caution". In addition, in November 2018, there was also a case in court where the two passengers were jointly jointly liable for damages of 11 million yen.[27].

    In such cases, there is no automobile insurance or transportation insurance that guarantees the liability for damages caused by the mere passenger riding.[Annotation 6] Therefore, if you do not have personal liability insurance, etc., or if you are not covered by the insurance, it will cause serious problems for passengers.

    If a person who has violated a vehicle or provided alcoholic beverages or has a driver's license has a driver's license, the driver's license will be canceled or suspended as a matter of course for administrative action against the violation. In addition, a person who is recognized as a conspiracy joint criminal or a subordinate of a drunk driver's crime will be punished in the same way as a criminal (driver). There is no requirement that "inviting serious violations" under the Road Traffic Act is a driving act of a car or the like.

    In conclusion, those involved in drunk drivingEven if you are not the person, Liability for drunk driving (and traffic accidents resulting from it) will be questioned in terms of criminal, civil, and administrative sanctions. Furthermore, the aforementioned social sanctions (from the workplaceDisciplinary dismissalDisposal) etc. If it was done systematicallySearch warrantBy etc.House searchAndOptional accompanyingMay beNews (Chinese)-weekly magazineIt may be reported in such places.

    Strict penalties for drunk driving

    Drunk driving and the resulting traffic accidents are recognized as a deliberate type of crime rather than a negligent crime. Also, as a cause of lack of normative consciousnessAlcoholismHas been pointed out (see below).

    cityCompared to the departmentPublic transportThe frequency of drunk driving is higher in areas where maintenance of[28] There is a tendency. With stricter penalties and strengthening of crackdown on drunk driving, mainly in such areasDriving agencyService spread.

    1999(11)Tomei Expressway drunk driving accident, Next day2000(12)Koike Ohashi drunk driving accidentIn 2001 (Heisei 13), the awareness of social problems regarding drunk driving increased.Dangerous driving fatal injuryWas enacted.However, in 2006 (Heisei 18)Fukuoka Uminonakamichi Ohashi drunk driving accidentOccurred, and in 2007 (Heisei 19)Car driving negligent death and injuryWas newly established.

    HokkaidoThen,2014(26)7/13ToOtaruFollowing a death and runaway accident due to drunk driving that occurred in the Zensho, from December 2015Ordinance on eradication of drunk driving in HokkaidoIs being enforced[29].. At the same time, July 7 was designated as "Drinking Driving Eradication Day" in Hokkaido.[30].Hokkaido policeEstablished a drunk driving information site "Drink Driving Zero Box" in 2015, and more than 3 information was received in about 100 weeks after the establishment, which led to the arrest of drunk driving[31][32][33].

    Transportation industry (passenger car, aviation, railway, etc.)

    By trainNational railwayOf the era1982In (57),Express train with sleeping berths"KiiEngineer of theLocomotiveA collision accident occurred when changing theSleeper limited express "Kii" locomotive collision accident),Also1984In (59), the sleeper limited express "FujiEngineer of drunk manipulation drunk, forgetting the slow sectionDerailment accidentIs causing (Nishi-Akashi Station train derailment accident). The fact that accidents caused by drunk maneuvering occurred one after anotherMoralIt is supposed to indicate the low ofPrivatization of the national railway divisionIt also contributed to the formation of public opinion that affirms.

    In response to the severe punishment of drunk driving,Transportation industryThen, regardless of whether passengers or cargo, a business operator who conducts a breath alcohol test when a crew member goes to work or leaves work (even before and after a break for some business operators)the 2000sIncreased by entering.

    2002(14)7/7ToJR bus OfExpress Bus"Central liner"so,JR Tokai BusDriver has caused a contact accident due to drunk driving[34], JR Tokai Bus also received the longest administrative punishment ever recorded[35]. The accident was widely reported as a problem, and the bus operators also had to eradicate drunk driving.2005In 5 monthNishitetsu Bus SagaTosu branch officeThen, instead of the bus driver who drunk the day before, it became a problem that the operation manager became a "replacement ball" and had an alcohol test.2011From February 23, 5MLIT OrdinanceAllows passenger carsLorryAlcohol Test is Required for Rolling Calls by Japanese Transport Companies[36].

    Other occupations also carry out inspections to prevent the consumption of alcohol, which is a slight amount of alcohol and is equivalent to driving under the influence of alcohol. If you drive late at night and drive to work early the next morning, you may be drunk. Specific time is alcohol consumption and constitution[Annotation 7] It cannot be said unequivocally because it depends onaircraftIn Japan, it was advised not to drink alcohol 8 hours before the operation in Japan.[37] Has been done.

    2018In (30)Japan Airlines,ANAAt airline companies such as Japan Airlines, pilots were caught in a drinking test and were replaced due to operational delays.CopilotIs trying to fly while drinkingUnited KingdomThere was an incident of being arrested by the authorities. In response to thisMinistry of Land, Infrastructure, Transport and TourismConducted on-site inspections at the offices of related companies regarding the inspection system for drunk driving[38][39].

    Food, medical

    In addition to alcoholic beverages, alcohol was usedWestern confectionery[40] ,Nara picklesIn addition,non-alcoholic beer,Sweet SakeIf you eat or drink[Annotation 3] And ingestionthe amountDepending on the situation, you may be drunk and driven.

    Even what is called non-alcoholic beer,0.00%Other than those indicated as "," in general, it may contain a small amount of alcohol of about 0.01% to 0.99%.0%"May also be included[Annotation 8].

    Some nutrition drinks also contain alcohol, and those with a high alcohol content account for about 3%. "Alcohol0.00%In addition to large amounts of non-alcoholic beer, etc.MouthwashDue to the effects of alcohol contained in alcohol, alcohol levels above the standard may be detected when a drinking test is performed immediately after use or after drinking alcohol.

    If taken to a hospital due to a traffic accident, blood samples may be submitted for ethanol testing. It has been pointed out that medical institutions in Japan often use disinfectants containing ethanol for skin disinfection, and the ethanol used for skin disinfection at the blood sampling site may be mixed with the blood sample and be mistakenly determined to be drunk driving.[41].

    It should be noted that, as a matter of course, the detection of drinking is based on "some numerical value" rather than "what was ingested". Therefore, there is no need to say, "If you suspect that you are drinking alcohol, you will be unquestionable if you explain that you have ingested a food containing alcohol."[42][43][44]. However, with a normal intake, a specific constitution[Annotation 3] If not, even if you eat foods that contain a small amount of alcohol, the survey does not reach the standard value[45].

    Hardware measures

    Before starting the engine, there is a device that the engine will not start unless the alcohol breath test is cleared (interlock), and in Sweden etc., the use of the engine is being promoted. Even in Japan,Nissan MotorFrom drunk driving preventionConcept carWill be developed[46] For example, measures for hardware are being advanced.

    Alcoholism

    There is a driver who repeats drunk driving on a regular basis.AlcoholismHas been pointed out. Alcoholism makes it impossible to control drinking behavior on its own will and compulsively repeats drinking behaviorMental illnessIs. Drowning as a mental illness, resulting in loss of self-control, driving a car etc. in that state has serious consequences[47].

    Drunk driving prohibition law in other countries

    Laws on drunk driving vary from country to country.Differences include the permissible limit of blood alcohol levels before being charged with a crime.

    North America

    DUI (Driving Under the Influence, DWI: Driving While Intoxicated or Driving While Impaired, OWI: Operating While Impaired) when the driver's blood alcohol concentration exceeds 50% in all 0.08 states[Annotation 9] Since people who are under 21 years of age are prohibited from drinking alcohol themselves, they are subject to detection even if their blood alcohol concentration does not exceed 0.08%.Zero tolerancemethod")[48].

    Europe

    DenmarkThen.2015ToGreat Belt StraitA naval vessel sending a soldier who discovered a cargo ship that was suspicious in the United States, a Russian captain was found to be drunk and detained[49].

    Poland OfPieunchunoThen, on the road in the towntank OfT-55A man who has runaway in Arrest is arrested on suspicion of drunk driving20196/13Occurred in[50].

    Latin America

    Eur-lex.europa.eu eur-lex.europa.eu,Eur-lex.europa.eu eur-lex.europa.euHowever, there are many people who drive drunk, and there are many traffic accidents due to drunk driving.[51][52].

    Chugoku

    People's Republic of ChinaWith the economic development, the number of cars used has increased, and until 2011, the number of fatalities in car accidents continued for 10 years, making it the world's largest road accident nation.[53].. In 2009,Hangzhou,NanjingDue to frequent traffic accidents caused by drunk driving, increased traffic accidents caused by drunk driving, and poor traffic manners, there were growing calls among citizens for strengthening penalties for drunk driving, and in response to this, it took effect in May 2011. "Dangerous driving act" item was added to the revised "Criminal Code"[54].

    Drunk driving in China is roughly divided into two groups: drunk driving (drinking driving) and drunk driving (drunk driving).detention(10 days or less) and fines (1,000-2,000)yuan), And the driver's license was revoked, which was a severe penalty for the country.[54]..Also, regarding drunk driving, regardless of whether it is the first offense or recidivism in "dangerous driving", it is stipulated that "drunk driving and overspeeding driving are extremely malicious acts and impose detention and fines". The penalties for drunk driving are "Administrative sanctionsFrom "Criminal penaltyWas revised to[55].Since May 2011, when penalties were tightened, the number of arrests for drunken driving has decreased by 5% compared to the previous two years.[56].

    In the malicious case of escaping from the scene of an accident, which kills multiple people during drunk driving, it is a crime to harm public safety in a dangerous way,Life imprisonmentOrDeath penaltyCould be[57].

    Taiwan

    TaiwanThen, as there are a series of deaths due to drunk driving, the penalties for drinking drunk driving have been strengthened in line with Japan's joint system.20197/1Conducted from[58].

    Oceania

    AustraliaProhibits driving a car with alcohol levels in the blood above 0.05 percent[59]..However, in Australia, automobiles are not defined as a superordinate concept, and it is not possible to crack down on drunk driving such as "mobile picnic table with engine" with an engine attached to a picnic table, and the local police are "dangerous". I have an opinion that I do not want you to do it in[60]In Japan, a car is generally defined as a car with a chassis that is driven by a prime mover, and a picnic table with a prime mover is also considered a car.

    footnote

    [How to use footnotes]

    注 釈

    1. ^ Roads referred to in the Road Traffic Law include not only "roads" based on the Road Law but also city planning roads, port roads,Farm road,Forest road,The motorwayAlso included.
    2. ^ Regarding railway cars, mass media etc.DriverIt is often called "drink driving" from the recognition. However, in order to distinguish it from drunk driving such as vehicles, there is a position to describe as "drinking maneuver" etc. for railway vehicles, vehicles on track, trackless trains, airplanes or ships (Strengthening penalties for drunkenness and drunken driving[Broken link]). In addition, the tram on the road is subject to the drunk driving of the Road Traffic Law.
    3. ^ a b c ALDH2Defective and/orADH1BPeople with a low-activity type. It is seen in Japan about 2-3%.
    4. ^ The concentration here is the alcohol concentration in 1 liter of exhaled breath (milligram per liter). When it depends on the blood alcohol level, 0.25 mg / 0.15 mg in the case of exhalation is 0.5 mg / 0.3 mg ofIn 1 ml of bloodCorresponds to the alcohol concentration of (milligram per milliliter). In addition, it becomes 6 points of violation pointsIn exhalationThe alcohol concentration of 0.15 mg is a concentration that can be exceeded by drinking a small amount of beer, although it depends on the constitution and timing.
    5. ^ However, Article 38 of the Constitution isSilent right(JudiciaryからSuspect-DefendantTo prohibit self-detrimental affidavits)Even exemption from a disadvantageous occupational disposition is not subject to protection.There is also a voice. Regarding Article 38 of the Constitution, regarding drug handling,Silent rightThere are also precedents that adopted the theory of a prior abandonment (July 29, 7).
    6. ^ The service operator's responsibility, that is, if it is the owner/user of the drunk driving vehicle,
    7. ^ ALDHDepends on the type.
    8. ^ Liquor tax lawUp,alcoholBeverages containing 1% or more are considered to be alcohol, and if less than 1%Soft drinkTreated as. In addition, the alcohol content can be displayed by rounding off to the 1st place of less than% (0.50% to 0.99% ⇒ "1%", 0.01% to 0.49% ⇒ "0%"). The detection limit in the general analytical test is 0.01%.
    9. ^ In Japan, the guilt is distinguished between drunk driving and driving with drugs (drug driving), but DUI and DWI detect both drinking and drug intake while driving.

    Source

    1. ^ a b "Penalties for drunk driving of small boats / Local governments such as Tokyo and Ibaraki, ordinances" "Yomiuri Shimbun』Evening edition August 2022, 5 (social aspect)
    2. ^ Preventing road traffic injury: A public health perspective for Europe
    3. ^ a b Hitoshi Kobayashi (October 2014, 10).Is alcohol an anesthetic for the brain?”. ALL About. April 2022, 8Browse.
    4. ^ "Road Traffic Law”. E-Gov. April 2019, 12Browse.
    5. ^ Liquor and Health Encyclopedia Drunk driving (criminal law/road traffic law)[Broken link]Kirin Beer
    6. ^ "Inquiries about "Medicated Yomeishu"". April 2022, 8Browse. ““Medicinal life liquor"Is a medicine, but it contains 14% alcohol. Drunk drivinglawDo not take before driving as it is prohibited by ”
    7. ^ History of Drunk Driving
    8. ^ Driving Drunk: A History of Drunk Driving in America
    9. ^ First drunk driving arrest
    10. ^ Law name Road Traffic Law Law number (Law No. XNUMX of June XNUMX, XNUMX)
    11. ^ "Traffic violation score list”. Metropolitan Police Department (December 2019, 12). April 2020, 5Browse.
    12. ^ "About coverage of automobile insurance in drunk driving accidents”. General Insurance Association of Japan. April 2020, 5Browse.
    13. ^ Weekly Asahi September 2009, 9 Increased issue Taichi Sakaiya Severe punishment for drunk driving destroys Japan
    14. ^ Suddenly suspected brothers' liquor liquor, store case Yomiuri Shimbun December 2011, 12
    15. ^ Aiming to eradicate drunk driving To staff families Parent book "Asahi Shimbun" May 1976, 51 (Showa 5) Morning edition, 16th edition, page 13
    16. ^ August 2006, 9,NHK News
    17. ^ "Collecting drunkenness: Sending Asahi Shimbun reporters to document inspection" (September 2006, 9,Mainichi Newspapers
    18. ^ "The Yamanashi Broadcasting Department's accident drunk driving = minor injury to a man, escape from the scene" (May 2015, 5,Newsletter
    19. ^ "Kofu City Council arrested on suspicion of drunk driving Collision with parking fence" (July 2015, 7,Sankei Shimbun
    20. ^ "Principal director Kofu director arrested, ran away with a business vehicle, suspected of getting drunk" (February 2016, 2, Sankei Shimbun)
    21. ^ "Yamanashi Prefecture Chief Arrested on Suspicion of Drinking, Collision with Guard Pipe, Not Delivered" (June 2017, 6, Sankei Shimbun)
    22. ^ “A police officer was arrested for driving under the influence of alcohol and had a collision in a parking lot Yamanashi” (July 2017, 7, Asahi Shimbun)
    23. ^ P.11 Proposal No. 8 Resolution to recommend resignation to Representative Takashi Murayama[Broken link] -Yamagata Prefectural Assembly
    24. ^ Suspended disciplinary dismissal due to drunk driving Supreme Court decision Hyogo / Kasai City Sankei Shimbun November 2009, 11
    25. ^ Drinking and Driving by Public Employees: Movement to Relax “Principal Disciplinary Disclaimer”] Mainichi Shimbun June 2010, 6
    26. ^ Drunk alcohol accident: former vice president loses revenge Osaka High Court Mainichi Newspaper August 2012, 8 due to no retirement allowance
    27. ^ “Kanagawa Drinking Hidden Escape Reconciliation Bereaved Family and Non-Prosecution Passengers” (Japanese). Sankei News(July 2018, 11). https://www.sankei.com/article/20181128-DQGTJINRBJNLHMGSEYSH436K6M/ April 2018, 11Browse. 
    28. ^ Drunk driving, widening regional gap[Broken link] Nikkei NEEDS October 2006, 10
    29. ^ Ordinance on eradication of drunk driving in Hokkaido(Retrieved July 2016, 7)
    30. ^ July 7 is "Drinking and Driving Eradication Day"(Retrieved July 2016, 7)
    31. ^ Drunk driving | To eradication Information one after another Road police arrests/provides more than 3 addicts for 100 weeks Strengthens the inspection near restaurantsMainichi Newspapers2015:9 on September 25, 9 (viewed on December 0, 2015)
    32. ^ Provision of information on drunk driving Hokkaido Police (read December 2015, 12)
    33. ^ Posted at 2015:8 on August 27, 12Hokkaido Bunka Broadcasting SystemformulaTwitterAccount (viewed December 2015, 12)
    34. ^ [Drinking high-speed bus] Unprecedented!? A large-sized bus with 22 passengers runaway on the highway(Response July 2012, 7) Read September 8, 2014.
    35. ^ [Drinking high-speed bus] Maximum ever! 75-day line suspension order(Response July 2012, 7) Read September 14, 2014.
    36. ^ "Mandatory alcohol detector! | Automotive General Safety Information". Ministry of Land, Infrastructure, Transport and Tourism. April 2020, 6Browse.
    37. ^ Ministry of Land, Infrastructure, Transport and Tourism Operating Regulations Examination Guidelines
    38. ^ "Ministry of Land, Infrastructure, Transport and Tourism inspects Japan... Arrested drunken co-pilot“YOMIURI ONLINE”, September 2018, 11.April 2018, 11Browse.
    39. ^ “Ministry of Land, Infrastructure, Transport and Inspection for JAL and ANA Pilot Drinking” (Japanese). Aviation Wire. https://www.aviationwire.jp/archives/161281 April 2018, 11Browse. 
    40. ^ For example, LotteIn the case of "Lamy" and "Bacchus" chocolate confectionery with Western liquor, the package clearly states that you should not eat it while driving because it contains liquor.
    41. ^ December 2005, 12 Japan Medical Bulletin P24-25 reference[Broken link]
    42. ^ No. XNUMX Nara-zuke|News from Kuramoto|Sake Gohashi Kuramoto Founded in XNUMX, Sakai Sake Brewery Official Homepage According toPickled in NaraA slice is said to have approximately 1% alcohol.
    43. ^ The truth of ``drinking driving arrest'' after eating two cups of sake juice-livedoor news According to the person who was caught in the drunk driving,LiquorI drank two glasses of soup."
    44. ^ "Alcohol Health Book" Osaka Mental Health Welfare Council: Edition
    45. ^ Abuse to catch drunk driving-You have to eat 2 pieces of "Narazuke" (2/XNUMX page)-MSN Sankei News - Wayback machine(For archived March 2009, 2)[Broken link]
    46. ^ "Drunk driving prevention concept car”. Nissan Motor. April 2020, 5Browse.
    47. ^ The disease "alcoholism" in the background
    48. ^ https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/teenweb/crazy_btn3/tolerance
    49. ^ The Danish Navy discovers a suspicious ship, the true identity is a drunk captain's cargo ship - AFPBBMore
    50. ^ Yukari Haruyama (June 2019, 6). “A true story like a lie A drunkard in Poland runs away in the city with a tank "T-55", a 49-year-old man is arrested for drunk driving". Netorabo. ITmedia. April 2019, 9Browse.
    51. ^ "Basic data for safety measures Trinidad and Tobago”. Ministry of Foreign Affairs (April 2020, 3). April 2020, 5Browse.
    52. ^ Means of transportation/traffic and related terms
    53. ^ China's number of car accident fatalities is the world's 10th consecutive year Record China March 2012, 3
    54. ^ a b "Strengthening penalties for drunk driving-Revision of Road Traffic Safety Law-Topics in Shanghai”. Ibaraki Prefecture Shanghai Office (June 2011, 6). April 2020, 5Browse.
    55. ^ Immediately after driving drunk, criminal punishment Nikkei Business, June 2011, 6
    56. ^ 2 years since severe punishment drunk driving accidents reduced by 4% = China People's Network Japanese Version May 2013, 5
    57. ^ "6 women could be injured in drunken driving, could be sentenced to death-China”. Record China (September 2019, 7). April 2019, 7Browse.
    58. ^ Strict drunk driving penalties, fines for passengers Radio Taiwan International April 2019, 4
    59. ^ "What are the rules for drunk driving?”. Australian Tourism Board. April 2019, 6Browse.
    60. ^ Use of 'motorized mobile picnic tables' has become a serious problem in Western Australia Retrieved February 2022, 8

    Related item


    外部 リンク


     

    Back to Top
    Fermer