Drunk Driving in Japan

Jail Sought for Reporter Over Drunk Driving

The Yomiuri Shimbun

Prosecutors have demanded 10 months’ imprisonment for a 36-year-old
employee of The Chunichi Shimbun in Nagoya for allegedly driving drunk
without a driver’s license in March.

The former reporter at the newspaper company was indicted by the
Nagoya District Public Prosecutors Office on suspicion of violating the
Road Traffic Law.

In November 2004, his driver’s license was suspended after he was
involved in a traffic accident that caused property damage, and in
January last year, his license was revoked for two years.

The company suspended him for three months on March 15 and removed him
from his post as a reporter during its regular personnel change in
August.

According to the company, at about 11:30 p.m. on March 3, while
working as a reporter for the company’s lifestyle department, he drove
drunk without a driver’s license. Police detected 0.15 milligram or more
of alcohol per liter of his breath.

After he left the office, he drove alone to a restaurant in Nagoya
near his home and drank four 180-milliliter bottles of wine, according to
the police.

(Sep. 3, 2006) Source: http://www.yomiuri.co.jp

Chunichi Shimbun reporter suspended after being caught drunk driving
without a license NAGOYA — A Chunichi Shimbun reporter has been
suspended from duty for three months and transferred out of its editorial
division for drunken driving without a license, company officials said
Saturday.

The 36-year-old man is standing trial at the Nagoya District Court for
violating the Road Traffic Law.

“We take the incident extremely seriously as it was an act unworthy of
a newspaper company employee. We’re determined to try to restore the
public’s confidence in us,” managing editor Mikitoshi Kato said.

The employee was indicted after a massive amount of alcohol was
detected in his breath during a traffic stop by police late on March 3.
He was out driving in Nagoya after drinking at a restaurant, according to
the newspaper publisher.

Prior to the incident, his driver’s license was revoked after he was
repeatedly caught speeding, parking his car in no-parking zones and
committing other traffic offenses. (Mainichi)

Source: http://mdn.mainichi-msn.co.jp

August 27, 2006

Last night I was at a party and was talking with an American who lives
in Koba, Japan. He told me what happened to a group of his friends who
had visited the ’19th’ hole after playing a round of golf in Koba.

After 18 holes of golf four golfers went into the clubhouse and had
ONE beer. As they were leaving the course they were immediately stopped
by the police. The driving was subsequently arrested for drunk driving
fined $1,800 (equivelant) the three others were also fined ($1,300) and
the driver lost his license for one year. After one year license
suspension the driver would get his license back but it would be a
license that would have to be renewed every year for seven years,
depending on his driving during that period of time.

More information on Drunk Driving in Japan.

Driving under the influence of alcohol, drunk driving, or
drink-driving, is the act of operating a motor vehicle (and sometimes a
bicycle or similar human-powered vehicle) after having consumed alcohol
(ethanol) or other drugs, to the degree that mental and motor skills are
impaired. In addition to driving under the influence of alcohol and
driving under the influence of other drugs, a third “DUI” offense
consists of driving under the combined influence of alcohol and other
drugs. The drugs causing or contributing to the impairment need not be
illegal, but can consist of lawfully prescribed or over-the-counter
medication. Anti-drunk-driving advertising campaigns have aimed to raise
awareness of the legal situation and the dangers of driving while
intoxicated. Drunk-driving is responsible for a very large number of
deaths, injuries, damage and accidents every year.

The specific criminal offense may be called, depending on the
jurisdiction, driving while intoxicated (DWI), driving while impaired
(also DWI), operating while intoxicated (OWI), operating a motor vehicle
while intoxicated (OMVI), driving under the influence [of alcohol or
other drugs] (DUI), driving under the combined influence of alcohol
and/or other drugs or drunk in charge [of a vehicle]. Such laws may also
apply to boating, or piloting aircraft.

Historically, presumptive guilt was established by subjective tests of
the driver’s impairment, such as difficulty reciting the alphabet or
walking a straight line. Starting with the introduction in Norway in 1936
of the worldâ€™s first per se law which made it an
offense to drive with more than a specified amount of alcohol in the
body, objective chemical tests have gradually replaced the earlier purely
judgmental ones. The statute usually specifies that it is illegal to
drive with a blood alcohol concentration (BAC) exceeding a value
specified in the statute. BAC is most conveniently measured as a simple
percent of alcohol in the blood by weight. It does not depend on any
units of measurement. In Europe it is usually expressed as milligrams of
alcohol per 100 millilitres of blood. However, 100 milliliters of blood
weighs essentially the same as 100 milliliters of water, which weighs
precisely 100 grams. Thus, for all practical purposes, this is the same
as the simple dimensionless BAC measured as a percent. Since 2002 it has
been illegal in all 50 US states to drive with a BAC that is 0.08% or
higher.

Driving while consuming alcohol is generally illegal, though driving
after drinking remains legal. In some jurisdictions it is also illegal
for an open container of an alcoholic beverage to be in the passenger
compartment of a motor vehicle or in some specific area of that
compartment.

Source: http://en.wikipedia.org/wiki/Under_the_influence

Drunk driving is not tolerated by Japan, and certainly not by IUJ!
Those involved in drinking and driving incidents run the risk of losing
their scholarship, being suspended or expelled from IUJ – or both. And of
course the legal implications are severe. Those who allow friend to drive
drunk are held responsible.

Recently monetary penalties have been raised up higher due to
alteration in traffic regulations being effective as from 2001. While you
are durunken driving with the fact that alcohol content in your breathe
test is minimum 0.15mg/L (used to be minimum 0.25mg/L), you will be fined
to pay the monetary penalty in the range from minimum 100,000 yen up to
maxmum 500,000 yen or imprisonment in the range from minimum 6 month to
maxmum 5 years in jail.

DON`T DRINK AND DRIVE!

No Need to Drink and Drive This area of Japan has a great service
known as “Daiko”. Daiko is a special taxi service that brings you, your
friends, and your car back to campus at the cost of just over a taxi
fare. So don’t drink and drive – don’t put yourself in danger and
jeopardize your status at IUJ – use the Daiko Service.

Source: http://www.iuj.ac.jp/web/iuj_section.cfm?item=090806

2003 JAPAN LAW: TRAFFIC LAW
Keywords: Alcohol, Driving, Driver, License,
Bicycles, Pedestrians, Parking, Ambulance, Mitsubishi Motors
Copyright 2004. All rights reserved Attorney Roderick H. Seeman

Traffic Law? Traffic Law? Who cares about Traffic Law you say! Cell
phones do not kill. Even drunks do not kill. Two tons of steel traveling
at high speed kill. With over 100,000 people killed on the roads of
America since September 11, 2001, compared to the fewer than 3000 killed
in that admittedly tragic event, it should be given consideration. Those
3000 had led to a world turned topsy-turvy while the 100,000 are
ignored.

Yet look at Japan. A great power. Obviously a master of automobiles in
its own right. How does Japan perform?

During 2003 deaths from traffic accidents were running at an annual
rate of 7,000 with those from drunken driving running at an annual rate
of 750. With a population roughly half that of the USA. Thus from
September 11, 2001 the number of deaths in Japan would be significantly
less than 20,000 compared to 100,000 in the USA. How does Japan do this?
Draconian traffic laws is one reason. Easy access to alternative means of
transportation is another critical factor. When you are drunk in Japan
you can easily take a train or subway home and taxis, while expensive by
international standards, are not unreasonable compared to other prices in
Japan.

In 2001, the maximum penalty for death from dangerous driving was
raised to 15 years. In 2002 the amended Road Traffic Law increased the
penalty for RECKLESS DRIVING to a maximum of 2 years in prison or 500,000
yen (about $5000). Increased penalty points for drunken driving initiated
in June 2002 resulted in 15,000 fewer DRUNK DRIVERS in 2002. During 2002
people having their license revoked for drunk driving reached 54,000 (an
increase of 65%) while those with their licenses suspended more than 90
days topped 166,000, an increase of 36% as the government strengthened
moves against drunk drivers. Now blood alcohol levels as low as 0.15 mg
can result in a drunk driving conviction.

The National Police Agency is seeking now seeking new legislation for
prosecuting RECKLESS DRIVERS. The problem being that obtaining the
cooperation of victims is a virtually a requirement and they now seek a
revision permitting prosecution even where there is no victim,
particularly where the are groups involved such as the notorious
â€œbosozokuâ€ motorcycle gangs.

A loophole crippling the prosecution of DRUNK DRIVING cases is also up
for revision. Although the levels of alcohol for blood alcohol has been
reduced, it became less costly to simply refuse the breathalyzer as
compared to drunk driving convictions. Presently the maximum penalty for
refusing the breathalyzer is a fine of up to 50,000 yen compared to up to
300,000 yen for drunk driving. Thus the National Police Agency is seeking
to revise the legislation, making the penalty for refusing the
breathalyzer the same level as for drunk driving.

The National Police Agency is also seeking new legislation which would
impose hefty fines for driving while using their CELL PHONES, whether for
voice calls or text messaging. The agency wants a fine of 50,000 yen
(nearly $500) for such violations

Source: http://www.japanlaw.info/law2003/2003_TRAFFIC_LAW.html

DRIVING IN JAPAN: MY EVIDENCE, STATS, AND FLAME
REBUKE

(Originally posted to Fukuzawa and Friends Wed,
Dec 20, 1995, modified August 28, 2002)

EFFECT: EVIDENCE THAT ACCIDENT RATES ARE HIGHER IN JAPAN THAN THE
US

Of course, we could choose to compare Japan positively with Egypt,
India, or Brazil, but let’s talk OECD here. The ability for a rich,
developed society to secure (and enforce) safety for its citizens is
another social indicator. I choose Nichibei because I have stats on them.
Points:

a) There are more fatalities per driven distance in Japan than
America. Ed Lincoln already provided some stats to say that per distance
driven, the US has 1.8 deaths per 100 million vehicle-miles vs 2.7 deaths
per the same in Japan. This is an extra person dead in Japan for the same
distance traversed. Moreover, since as Kaz noted, Japan only counts the
death as a traffic fatality if it is within one or two days of the
accident (vs within 30 days in the US). The Japanese numbers may in fact
be significantly depressed.

b) But not all accidents result in death. Let’s look at some stats I
dug up for fender benders and the like:

“All motor vehicle accidents” US: 19,500,000 in 1991

SOURCE: World Almanac 1993

“douro koutsuu jikou suu” Japan: 643,097 in 1992, and rising

SOURCE: Hokkaido Nenkan, 1994 (Hokkaido Shinbunsha)

Now allowing for the same ratios that Ed used in his calculations for
fatalities, the average American drives around 2.4 times farther than the
average Japanese. However, even then, the adjusted number of
fender-benders for Japan (around 1,537,333) looks to be about one-tenth
of America’s. Even discounting the number of fake whiplashes counted as
accidents in America, this evidence doesn’t support my case that Japan
has worse drivers.

But let’s look at it this way: more Americans have accidents yet more
Japanese die from theirs. The point is that if a Japanese has a road
accident, statistically he’s less likely to walk away from it. Given that
Japanese generally drive far slower than Americans (higher urban
concentration and congestion, lower speed limits, etc.), this suggests
something is systematically wrong–that something is, if I may be
flippant, killing the Japanese motorist far more effectively than the
hyped guns and the drunk drivers on American roads.

ROADS:

This has given Hokkaido the dubious distinction of having the most
traffic fatalities. Yet Hokkaido’s death rates (10.35 per hundred thou
population in 92) are only about the midpoint of the rest of the country.
That can hardly be attributed solely to the weather–even the more
tropical places (Saga-ken at 11.01, Yamaguchi at 13.26) are higher. So
that points towards drivers as the cause. Let’s move on to that.

UNENFORCABLE LAWS

DRIVERS HERE GET USED TO IGNORING THE LAW.

A law’s usefulness comes into question if nobody obeys it. The speed
limits (30 KPH, not mph, in residential areas, 40 to 60 in other areas.
80 tops on the expressways.) are not obeyed by many except the toro toro
ojisan and the learner drivers. Following the flow (not just in
Hokkaido–I’ve driven in Touhoku too) generally gives speeds of at least
20 kph over the limit. And once you get used to breaking the law a
little, it’s only a matter of degree before you start unconsciously
breaking the law a lot. Other minor infractions include extra lights on
fenders (which seem to be on “brights” at all times, leaving you with
dazzled imprints for several dangerous minutes), and the lack of red
markings on projectiles off the back of trucks (shish-kebab,
anybody?).

DRIVERS HERE CAN GET AWAY WITH A SURPRISING AMOUNT LEGALLY

Traffic police try to find blame on both sides in any accident, and
assign insurance company liabilities so that both have to pay. That is a
well-established expectation.

Evidence: so far, I have had two accidents, one serious (a guy ran a
red light and clipped the back of my Civic–sending me spinning into
traffic), one not (a storm drain popped up and jammed itself into my
suspension). In both cases, the cops tried to assign blame to me–in a
20-80 sort of way (since it was obviously his fault) 1) because I should
have looked both ways before entering an intersection tho I had a green
light, and 2) I should have anticipated that storm drain (anzen
fukakunin, he said). I was lucky–I got zero liability both times because
in 1) the driver took pity on me (dazed and confused after hitting my
head on the window) and capitulated, and 2) I argued with the cop. But
nobody has ever heard of this happening before.

So what’s the point? In the US, there are automatic punishments; a
rear-ending, say, is the responsibility of the person in back. Always. In
New York State, anyway. In Japan, a driver doesn’t have to be quite so
careful because he’ll never have to pay for all of it. Moreover, if he
argues well, he might even get 50-50! (happened to a fellow teacher
rear-ended by some young punks, and to the former Sapporo Consul when
some twerp U-turned in front of him on black ice). If every accident
becomes open to negotiation as to who’s to blame, the yakuza-types are
gonna get a lot more carefree.

STATS FOR DRIVING ACCIDENTS

JAPAN:

TOTAL NUMBER OF DEATHS:

11,086 (1989)
11,227 (1990)
11,105 (1991)
10,942 (1993)
11,024 (Dec11,1995)

TOTAL NUMBER OF ACCIDENTS:

661,363 (1989)
643,097 (1990)
662,388 (1991)
724,675 (1993)

TOTAL NUMBER OF INJURED PERSONS:

814,832 (1989)
790,295 (1990)
810,245 (1991)
878,633 (1993)

CAUSES OF FATAL ACCIDENTS IN JAPAN (1991)

SPEEDING: 2404 deaths (22.8%)

VIOLATION OF SAFE DRIVING PRACTICES: 3692 (35%) broken down into:

Driver Error 5.7%,
Careless Driving 8.4%,
Not keeping the eyes on the road (wakimi) 8.4%,
Not confirming 5.2%, sono ta 5.8%

DRUNK DRIVING: 525 (5.0%)

NOT STOPPING PROPERLY: 490 (4.6)

GOING THROUGH RED LIGHT: 470 (4.5%)

PEDESTRIAN INTERFERENCE (hokousha bougai): 387 (3.7%)

RIGHT-OF-WAY INTERFERENCE: 402 (3.8%)

TRAFFIC ZONE VIOLATION: 370 (3.5%)

PASSING: 171 (1.6%)

PEDESTRIAN CARELESSNESS: 602 (5.7%)

OTHER AND UNCLEAR: 1034 (9.8%)

Sources: Japan Almanac 1993, Daily Yomiuri Dec 13, Imidas 1995

UNITED STATES:

TOTAL NUMBER OF DEATHS WITH MOTOR VEHICLES INVOLVED (1991): 57,800

DEATH RATES (per 100,000 pop.) 18.9 (1989) 8.6 (1990) 17.2 (1991)

TOTAL NUMBER OF MOTOR VEHICLE ACCIDENTS: 19,500,000 (1991)

CAUSES OF FATAL ACCIDENTS IN THE US (1991)

TOTAL MOTOR VEHICLES: 43,500 deaths

COLLISION BETWEEN MOTOR VEHICLES: 18,500

COLLISION WITH FIXED OBJECT: 12,100

PEDESTRIAN ACCIDENTS: 7000

NON-COLLISION ACCIDENTS: 4500

COLLISION WITH PEDALCYCLE: 800

COLLISION WITH RAILROAD TRAIN: 500

COLLISION WITH ANIMALS, ANIMAL DRAWN VEHICLES, STREET CARS: 100

ALCOHOL-RELATED FATALITIES: 22,083 (50%)

Source: World Almanac 1993

DRUNK DRIVING IN JAPAN: rules are tougher than you think
Date: Fri, 22 Dec 95

There are two types of drunk driving (inshu unten): 1) The more
serious type is called “juki obi unten”, which means that there’s an
alcohol content of more than 0.25 ppm in your blood.

It’s “shuki obi unten” and it is the lesser of the two charges.

Blood alcohol is ABOVE 2.5ml, and you lose your license for 30 days.
The fines and prison term (if any) are determined by the court, according
to the officer at Aichi Prefecture Police, but the cop didn’t know the
fine print of the law.

2) The less serious type is called “sake yoi unten”, which means
there’s an >alcohol content of less than 0.25 ppm in your blood,

This is the more serious charge, and blood alcohol doesn’t matter. The
criteria is apparently your inability to safely operate the car. It is a
15 point charge, so if you have no prior offenses (no points against you,
in other words) you lose your license for one year. If you do have
points, you could lose your license for up to three years. Fines and
prison terms are up to the court. The copy told me to look it up the
limits myself! > >If you’re caught, it is also apparently standard
practice for the police to >report it to the papers and even your
workplace. This could even result >in your salary being lowered.

In Aichi they don’t contact your employer, and they don’t hand out
names to the papers, unless they deem it necessary, like when a drunk
caused a big accident, crashed into a show window or something. And then
it’s not because it was a “drunk driving” case but because it was a
crime, and a big incident.

Moreover, if you drink and drive you’re arguably more likely to get
caught here. There are certain funnel roads round here where you face
booze checkpoint charlies, stopping every car one by one in the middle of
the night to smell your breath and give you the balloon.

Your cops must work harder than ours. Our checkpoints generally last
only from 7 to 9. And judging from the number of drunks on the road, it
doesn’t take much imagination to avoid the checkpoints on the nights they
do it–generally Fridays, and days before holidays.

But you DO have to be careful how you get home after a night on the
town. My friend purposely left his car at home and came on his bike.
Round about midnight on his way home he was stopped by a patrol car at
the bottom of a long hill (he was exceeding the speed limit on his
BICYCLE). Cop told him to be more careful because he could also be cited
for driving under the influence on his bicycle!

“Nomu nara, noruna. Noru nara, nomuna!”

Mark CW
Nagoya

(Further Epilogue: Things did not go all that peachy, it turns out,
for two years later I was not only stopped repeatedly for speeding, but
also lost my licence! Fascinating story of how I got it back is available
here)

Sections Copyright 1995-2002, Arudou Debito/Dave Aldwinckle, Sapporo,
Japan

Source: http://www.debito.org/drivingjapanapologia.html

Police target drunk drivers / NPA plans nationwide crackdown
after series of accidents
The Yomiuri Shimbun

The National Police Agency is planning a nationwide, weeklong special
crackdown on drunk driving from Tuesday in the aftermath of an
alcohol-related traffic accident in Fukuoka last month in which three
children lost their lives.

It is the first nationwide crackdown campaign exclusively targeting
drunk driving.

Although fatal accidents caused by drunk drivers have been reduced by
more than 30 percent due to the imposition of harsher punishments for the
crime, they are expected to increase again this year as drivers seem to
have returned to their careless habits.

In advance of the crackdown, the police have intensified
investigations over the responsibility of restaurants and fellow
passengers who allow drivers to drink.

A 48-year-old company employee stopped by the police for drunk driving
said: “Since the fines increased, I’ve made it a rule not to drive my
motorbike home when I drink. But I was careless this time.”

He paid a branch of the Osaka Sub-District Public Prosecutors Office
specializing in traffic accidents in Yodogawa Ward, Osaka, a 100,000 yen
fine, adding: “It was painful to pay that much, but better than causing
an accident. I learned a valuable lesson.”

The December 2001 revision of the Penal Code established new
punishments regarding dangerous driving resulting in death or injury.

After the June 2002 revision of the Road Traffic Law increased the
maximum fine for drunken driving from 100,000 yen to 500,000 yen, drunken
driving accidents resulting in death fell drastically.

According to the NPA, alcohol-related road accidents in 2001 dropped
by 34.5 percent from 1,191 to 780 in 2003. However, the number has not
fallen much since 2004.

As of the end of July, there were 419 drunk driving accidents
resulting in death, an increase of seven from the same period of the
previous year.

In Kagawa Prefecture, 21 such accidents had occurred by the end of
August, up from four over the same period last year.

“It seemed the harsher punishments increased awareness of the laws for
a while, but as time has passed, drivers have become careless again,”
said a senior officer of the Osaka prefectural police, which have seen
drunken driving accidents stay at the same level for the past three
years.

In May, the Hyogo prefectural police searched a ramen shop in
Fukuchiyama, Kyoto Prefecture, on suspicion of serving beer to a truck
driver on duty in assisting him in violating the Road Traffic Law.

Many customers at the shop located along the busy National Highway
Route 9 are long-distance truck drivers.

An employee of the shop, whose case was sent to prosecutors, told the
police that if he did not serve beer to drivers, it would hurt the shop’s
sales.

On Aug. 25, a car carrying a family of five was rear-ended by another
vehicle on a bridge in Higashi Ward, Fukuoka, causing it to fall into
Hakata Bay, killing the three children inside.

The driver of the vehicle that hit the car, Futoshi Imabayashi, 22, an
employee of the Fukuoka municipal government, had been drinking at a
hostess bar with a fellow passenger just before the accident.

Five days after the accident, the NPA issued an urgent notice to
police headquarters nationwide advising them to strictly investigate
fellow passengers and restaurants in an attempt to pursue the
responsibility of those who may have allowed drivers to cause
accidents.

A senior NPA official said, “To change the climate that has allowed
drunken driving, we’ll punish those who serve alcohol to drivers as
severely as the drunk drivers themselves.”

During the crackdown week, police headquarters nationwide will deploy
many officers on road inspections and in other prevention efforts.

The Wakayama prefectural police will request the cooperation of
restaurant associations by giving them stickers with a message appealing
for the prevention of drunk driving.

The Hiroshima prefectural police will be on the lookout for cars
moving at unnaturally slow speeds, as drunk drivers are likely to be
overly cautious in observing speed limits for fear of being noticed by
the police.

Tomomi Imanari, a representative of Alcohol Yakubutsu Mondai Zenkoku
Shimin Kyokai, a Tokyo-based nonprofit organization tackling problems
regarding alcoholism and drug addiction, said: “Under the influence of
alcohol, regardless of its amount, our brains are likely to lose control.
More efforts should be made to stop others from driving drunk.”

(Sep. 10, 2006)

SAFER ROADS:
Traffic Deaths Fall to All-Time Low in 2002
March 18, 2003

Japan had 8,326 traffic fatalities in 2002 according to figures
released by the National Police Agency, the fewest since the present
statistics began in 1966 and less than half the peak in 1970. (In Japan,
a traffic fatality is defined as a death within 24 hours of an accident
as a result of injuries sustained in the accident.) The decrease is
largely attributable to the new, more stringent penalties for drunk
driving introduced in the Revised Road Traffic Law that went into effect
in June 2002. Other factors include an increase in the proportion of
people wearing seat belts and the production by automakers of safer
cars.

Stiffer Penalties Take Effect Traffic fatalities actually were on an
upward trend during the first half of 2002, defying expectations that a
December 2001 law setting the penalty for reckless driving resulting in
death at a maximum of 15 years in prison would produce immediate results.
In January 2002 there were 643 traffic fatalities, up 3.9% over the same
month in 2001, and April also saw a 2.9% increase. The law’s introduction
appeared to have made no obvious difference.

Things changed, however, with the implementation of the Revised Road
Traffic Law in June. There were 42 fewer fatalities in June 2002 than the
year before and 93 fewer in July. In the end, the toll in 2002 was down
by 421 compared to 2001. Under the revised law, a motorist can be fined
as much as Â¥500,000 ($4,166 at Â¥120 to the dollar)
for driving while drunk – five times more than before – and the maximum
fine for the lesser charge of driving under the influence of alcohol has
increased sixfold to Â¥300,000 ($2,500). Many analysts believe
that the heavier penalties had the desired effect of curbing drunk
driving and reduced the frequency of serious accidents. Moreover, the
standard for applying the charge of driving under the influence has been
lowered from 0.25 milligrams per liter of air in a breathalyzer test to
0.15 mg per liter, meaning that it could apply to a driver who has drunk
only one glass of beer. This seems to be putting positive pressure on
drivers as well.

The effect of seat belts cannot be overlooked, either. While 63.4% of
drivers were using them in June 1992, a decade later the figure had grown
to 86.9%. In addition, automakers have been making great efforts to
improve the safety of their vehicles. Both factors have helped reduce the
number of deaths, which accounted for 1.05% of all passengers injured in
traffic accidents in 1992 but comprised just 0.49% of injuries in
2002.

Despite the general decrease, though, the number of traffic fatalities
among people aged 65 and over rose by 128 to a total of 786. This can be
traced to an increase in the number of seniors overall, and as Japanese
society is expected to continue aging at a fast pace, improved
traffic-safety measures aimed at this group are urgently needed.

Making Every Effort While penalties are being toughened and police are
cracking down on offenders, local governments and private companies are
also making efforts to prevent traffic accidents. One of the measures
being tried out is to use headlights at all times. The first firm to
implement this policy was a major delivery company that began a trial
with its fleet of 20,000 vehicles in January 2002. The firm experienced
30% fewer accidents that month than the year before, so it made the
policy permanent that March. Accidents between March and December were
down 20% over the same period the previous year. Employees and observers
alike have noted that using headlights in the daytime makes it easier for
pedestrians and other vehicles to notice the delivery trucks, and some
have also suggested that the policy has raised the safety awareness of
the drivers.

Since March 2002 the Nagano Prefectural Police has been conducting a
daytime headlight program involving more than 10,000 vehicles operated by
participating taxi companies and other firms, and in June Nagasaki
Prefecture followed suit with its 600 public vehicles. At present, over
160 municipalities throughout Japan are making similar efforts.

Meanwhile, steps are being taken to reduce the number of accidents at
railroad crossings. The East Japan Railway Co. (JR East) is changing the
colors of its railroad crossing barriers from black and yellow to red and
white stripes. Cars often move into crossings even after the barriers
start to come down, and while some drivers knowingly force their way
across, many simply do not notice the bars descending. In an effort to
prevent cars from breaking the barriers, JR East has introduced the red
and white pattern at four crossings to test its effectiveness. The number
of broken bars at those intersections dropped by 75%. Drivers have
commented that the barriers stand out more than before and that it is
easy to tell when they are coming down. Deregulation in the spring of
2002 has allowed railway companies to freely choose the colors they wish
to use on barriers, so it seems likely that repainting will become
commonplace.

Copyright (c) 2003 Japan Information Network.
Edited by Japan Echo Inc. based on domestic Japanese news sources.
Articles presented here are offered for reference purposes and do not
necessarily represent the policy or views of the Japanese Government.

Source: http://web-japan.org/trends01/article/030318soc_r.html

The drunk driving laws in Japan are among the strictest in the world.
In the US, the amount of ethanol per liter of blood before a citizen is
legally drunk varies by state. On average, Americans are still considered
sober if they have less than 1 milligram of ethanol per liter of
exhalation. In Japan, citizens are consider drunk once their exhalation
surpasses 0.25 milligrams of ethanol per liter. Penalties for drunk
driving include in an immediate loss of license, a large fine, and
potential jail time. Any police officer arrested for drunk driving is
immediately removed from the force.

Source: http://www.princeton.edu

Yet look at Japan. A great power. Obviously a master of automobiles in
its own right. How does Japan perform?

Source: http://www.japanlaw.info/law2003/2003_TRAFFIC_LAW.html

United States
Main article: Drunk driving (United States) All states have an
illegal per se limit of 0.08%. Some states also include a lesser charge
— often known as driving while impaired — at a BAC of around
0.05%. Also, in all states, drivers under the drinking age of 21 have
committed a drunk driving offence if they have any alcohol in their blood
(set at .01% or .02% to be meaningful). DUID is driving under the
influence of drugs. A third possible charge is driving under the combined
influence of alcohol and drugs; this requires no particular blood-alcohol
level, but only impairment as the result of the combined effects of
alcohol and drugs (which may be legal or illegal).

The limit for aircraft pilots is 0.04%, and for commercial drivers
0.04% or 0.05% depending upon the jurisdiction.

A current punishment for drunk driving is already under way in the
state of Ohio, and is being looked at in California for DUI offenders to
purchase a “scarlet letter” that is placed over the offender’s license
plates. This identifies them as a DUI offender, and must be purchased for
all their household car’s plates. This penalty is in addition to the
regular DUI and court charges.

The effects of any alcohol consumption are exacerbated depending upon
the physiological condition of the individual because of such factors as
fatigue, lack of sleep, and the bodies ability to dissipate alcohol at
any given time.

Penalties include fines, incarceration and license suspension.
Severity of the penalty is based on the circumstances surrounding the
violation.=

Canada
Driving under the influence is a generic term for a series of offences
under the Canadian Criminal Code. The main offences are operating a motor
vehicle while the ability to do so is impaired by alcohol or a drug,
contrary to section 253(a) of the Criminal Code, and operating a motor
vehicle while having a blood-alcohol concentration of greater than 80
milligrams of alcohol in 100 millilitres of blood, contrary to section
253(b) of the Criminal Code.

The offences are usually investigated by the police coming across a
driver with either an erratic driving pattern or who has been pulled
over. The police make a demand that the driver give a sample of his
breath into an approved screening device, which will determine the
driver’s blood-alcohol concentration on a preliminary, non-evidentiary
basis. If the police believe on reasonable and probable grounds that the
driver is committing an offence under section 253 of the Criminal Code,
the police can demand that the driver go to the police station to give
samples of his breath for an approved instrument test, which would be
used to prosecute the driver.

The punishments for impaired driving or driving over 80 are:

For the first offence: $600 fine, 1-year driving prohibition;or jail
time For the second offence: 14 days jail, 2-year driving prohibition;and
time in jail For the third or subsequent offence: 90 days jail, 3-year
driving prohibition. On Dec 15, 2005, Charly Hart of Watford, Ontario, a
man with a 35-year history of impaired driving which included thirty-nine
convictions, was on the occasion of his latest such conviction sentenced
to six years in prison, the most severe penalty ever handed down in
Canada when the offence did not involve a fatality, and the maximum
sentence permitted under the law.[1]=

Australia
Road laws are state based

Australian Capital Territory
0.02% for “professional” drivers (taxi, bus, dangerous goods vehicles,
heavy vehicles over 4.5 tonnes, Commonwealth vehicles) and learner and
P-plate drivers 0.05% for experienced drivers (that is drivers over 18
years of age who have been driving for more than 3 years and are not
classed as “professional” drivers)

New South Wales
Zero for Learner and Provisional licences and 0.02 % for Drivers of
vehicles of “gross vehicle mass” greater than 13.9 tonnes, vehicles
carrying dangerous goods or public vehicles such as a taxi or bus. 0.05%
for all other drivers

Queensland
A Zero limit applies to the drivers of trucks, buses, articulated
vehicles, vehicles carrying dangerous goods, pilot vehicles, and taxis.
It also applies to all learner drivers and provisional drivers under 25
years of age. 0.05% for other drivers.

South Australia
Zero limit for learner, provisional, probationary, heavy (greater than
15 tonne) vehicle, taxis, licensed chauffeured vehicles, dangerous goods,
and bus licences. 0.05% for all other drivers.

Tasmania
Zero limit for learner, provisional, truck, bus, and taxi licences.
0.05% for all other drivers.

Victoria
Zero limit applies for unlicensed drivers and holders of Learner permits
and Probationary licences, as well as any ‘professional’ drivers -
including tram drivers. Also for certain relicensed drink-drivers. 0.05%
for most other drivers. Licences cancelled for certain serious
drink-driving offences may only be reissued after obtaining a court
order. In such cases, the relicensed driver is subject to a zero limit
for 3 years following relicensing or for as long as the person is
required to use an alcohol interlock. Alcohol interlocks are required
whenever a repeat drink-driver is relicensed. In addition, a court may
impose an alcohol interlock when relicensing a first offender in certain
serious cases (generally when the offence involved a BAC of 0.15% or
higher). Zero limit for “prescribed illicit drugs”, namely
methamphetamine, THC (Cannabis) and, from 1 September 2006, the drug
generally known as “ecstasy” [the full chemical description of ecstasy is
"3, 4-Methylenedioxy-N-Methylamphetamine (MDMA)"]. Random testing of
drivers is in force for alcohol and for prescribed illicit drugs.

Western Australia
0.03% for provisional (probationary) licence holders.
0.05% for all other drivers.
In Australia, there are laws that allow for a police officer to stop any
driver and perform a random breath test, without needing any reason. In
addition, in South Australia and Victoria, any driver can be required to
perform a random saliva test for a prescribed illicit drug (i.e.
methylampetamine and cannabis). Also, in Victoria, if a doctor sees any
patient who is 15 years old or older as a result of a vehicle accident,
the patient must allow the doctor to take a blood sample for testing for
alcohol and drug content in a way that preserves the chain of evidence,
regardless of whether the patient claims to be the driver, a passenger or
any other circumstances. The results can be used as evidence in
subsequent court proceedings.

Europe
Austria	0.05 % and 0.01 % for drivers who have held a licence for less than 2 years and drivers of vehicles over 7.5 tonnes
Belarus	0.05 %
Belgium	0.05 %
Bosnia-Herzegovina	0.05 %
Bulgaria	0.05 %
Croatia	Zero
Czech Republic	Zero
Denmark	0.05 %
Estonia	0.02 %
France	0.05 %
Finland	0.05 %
Germany	0.05 % and zero for drivers conducting commercial transportation of passengers
Gibraltar	Zero
Greece	0.05 % and 0.02 % for drivers who have held a license for less than 2 years and bus drivers
Hungary	Zero
Iceland	0.05 %
Ireland	0.08 %
Italy	0.05 %
Latvia	0.02 % for drivers with less than 2 years’ experience and 0.05 % for those with more than 2 years’ experience
Liechtenstein	0.08 %
Lithuania	0.04 %
Luxembourg	0.08 %
Malta	0.08 %
Netherlands	0.02 % for drivers with less than 5 years’ experience and 0.05 % for those with more than 5 years’ experience
Norway	0.02 %
Poland	0.02 %
Portugal	0.05 %
Republic of Moldova	0.03 %
Romania	Zero
Russia	0.02%
Slovakia	Zero
Slovenia	0.00 % for drivers with 2 years or less experience and professional drivers, 0.05 % for all others
Spain	0.05 % [2] and 0.03 % for drivers with less than 2 years experience and drivers of freight vehicles over 3.5 tonnes, and of passenger vehicles with more than 9 seats
Sweden	0.02 % (up to 6 months imprisonment), 0.10% (up to 2 years imprisonment)
Switzerland	0.05 %
Turkey	0.05 %
Ukraine	Zero
United Kingdom	0.08 %

Americas
Argentina	0.05 %
Argentina	0.05 %
Belize	0.08 %
Bolivia	0.07 %
Brazil	0.06 %
Canada	0.08 %
Chile	0.049 %
Colombia	0.04%
Costa Rica	0.049 %
Cuba	Zero
Dominican Republic	No Limit and 0.05 % for professional drivers
Ecuador	0.07 %
El Salvador	0.05 %
Guatemala	0.08 %
Guyana	0.01 %
Honduras	0.07 %
Jamaica	0.035 %
Mexico	0.08 %
Nicaragua	0.08 %
Panama	Zero
Paraguay	0.08 %
Peru	0.045 %
Suriname	0.08 %
United States	0.08 % or lower; varies by state
Uruguay	0.08 %
Venezuela	0.05 %

Africa
Algeria	0.01 %
Benin	0.05 %
Cape Verde	0.08 %
Central African Republic	0.08 %
Comoros	No Limit
Congo	No Limit
Equatorial Guinea	Zero
Eritrea	Zero
Ethiopia	No Limit
The Gambia	Zero
Ghana	0.08 %
Guinea	Zero
Guinea-Bissau	0.05 %
Kenya	0.08 %
Malawi	Zero
Mauritius	0.05 %
Namibia	0.05 %
Niger	0.08 %
Nigeria	Zero
Seychelles	0.08 %
South Africa	0.05 % and 0.02 % for professional drivers (trucks over 3.5 tonnes, and vehicles carrying passengers for reward) National Road Traffic Act, 1996
Togo	No Limit
Uganda	0.08 %
Tanzania	0.05 %
Zambia	0.08 %

Caucasus
Armenia	Zero
Azerbaijan	Zero
Georgia	0.03 %

Middle East
Iran	Zero. Drinking alcohol is illegal in Iran
Israel	0.05 %
Jordan	Zero
Kuwait	Zero. Drinking alcohol is illegal in Kuwait.

East Asia
China	Varies. “Drinking and driving” and “driving while intoxicated” carry different penalties.
Japan	0.03 %
Republic of Korea	0.052 %

Western Pacific
Australia	Zero for L and P-plate drivers, 0.05% for full licence
French Polynesia	0.05 %
Micronesia	0.05 %
New Zealand	Has a limit of 0.08% for drivers over 20 years, 0.03% for those under. LTSA website
Palau	0.01 %

Central Asia
Kyrgyzstan	0.05 %
Mongolia	0.02 %
Turkmenistan	0.033 %

South Asia
India	Zero; no such law
Nepal	Zero
Sri Lanka	0.06 %

South-East Asia
Cambodia	0.05 %
Laos	No Limit
Malaysia	0.08 %
Philippines	0.05 %
Singapore	0.08 %
Thailand	0.05 %

Philosophical perspectives
An overview of the philosophical approach to DUI, especially with
respect to ethical and pedagogical concerns, is James B. Gould’s “A
Sobering Topic: Discussing Drunk Driving in Introductory Ethics” in
‘Teaching Philosophy’ 21:4 (December 1998), 339-360.

Gould’s central point is that drunk-driving offers an ethical case
that, for most people, is clear-cut in the fundamentals, familiar from
everyday life, and extraordinarily complicated in the details. In other
words, it’s ideal for philosophical analysis at the introductory
level.

He cites the few articles by academic philosophers that he could
find:

Douglas N. Husak, “Is Drunk Driving a Serious
Offense?” ‘Philosophy and Public Affairs’ 23 (1994).
Bonnie Steinbock, “Drunk Driving.” ‘Philosophy and Public Affairs’ 14
(1985).
James D. Stuart, “Deterrence, Desert and Drunk
Driving,” ‘Public Affairs Quarterly’ 3 (1989).

Drunk Driving in Japan

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