Court orders passenger to pay 53 million yen for drunk driving
A Japanese court has ordered a man who was a passenger at the time of a drunk driving accident to pay 53 million yen (about 530,000 US dollars) in damages to the family of the accident’s victim:
The civil damages suit was filed against the man, 24, by Etsuko Sato, 57, mother of Takamichi, who was killed one week after the hit-and-run incident on Nov. 16, 2003 in Amami city. Takamichi was 24 at the time.
In court, Etsuko said the man neglected his duty to restrain the other man from “driving recklessly and dangerously.” The defendant said the driver did not appear drunk and he did not have any legal duty to stop him from driving.
The last couple years have seen a big push for stricter penalities against drunk driving, and it is not the first time a passenger has been ordered by a Japanese court to pay damages for a drunk driving accident. The driver has been sentenced to three years in prison.
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I’m pretty surprised so many people voted no here. If you get into the car knowing the driver is intoxicated you are at partially at fault. Stop the driver. If he’s being an ass and thinks he’s ok to drive, take the keys from him, pay for a cab, etc. – sounds like common sense to me.
Not to mention that this was a hit and run. Both the driver AND the passenger knew what they were doing was illegal. The driver is sentenced to jail time, and the passenger is penalized for not being an adult.
Nonsense.
You can’t be responsible for the actions and the behavior of the driver just by ‘getting in the car.’
Particularly if you’ve been drinking and enjoying yourself, the idea that you have to be responsible for not only your actions but the actions of others you’re with is absurd.
No one can be responsible for anyone but themselves.
Particularly when you’re talking about two grown, legal adults.
In the article the judge says the defendant “neglected his duty to restrain the other man from “driving recklessly and dangerously.”"
Their is no duty or law that demands you prevent another from committing an an illegal act. That duty is only, possibly, the judge’s perception of Japanese societal expectation.
What he should have been hammered on was his failure to report a hit and run, leaving the scene of an accident, etc, etc. You know, the actual crimes. Not this idea that somehow you’re responsible for the actions of another.
‘There is no duty’ not ‘Their is no duty’, obviously.
What was the driver’s intoxication level? I would be pretty pissed off if I didn’t know the driver was drunk, and someone was trying to sue me. 530,000 dollars is insane, (or is he like a millionaire? then, whatever.)
People always out for money.
Would the car accident, or the hit-and-run indicate to you the driver was drunk?
That would all be after the fact.
Japan’s blood alcohol content (BAC) limit is 0.03. One beer can result in a BAC of anywhere between 0.02 to 0.05. Depending on the duration between drinks (with a factor of BAC levels dropping 0.015 per hour), it’s safest to say (as the Japanese do themselves) that Japan is zero-tolerance, meaning that if you had just one drink, you shouldn’t be driving any time soon.
“In Japan, the legal limit is a 0.03 blood-alcohol level, far lower than the 0.08 limit in many U.S. states. For some people, it precludes drinking any alcohol before driving.”
Stripes.com
Global BAC chart
That Global BAC Chart is interesting.
It seems that when driving in Armenia and Azerbaijan you will be a rse r aped by the police for having had the sheer audacity of chomping a single cognac chocolate, as BAC rates are a most respectable 0.00%.
Presuming of course, that those two holes actually have an operable police force in the first place…
Think of the fun to be had in Saudi Arabia, with both a zero tolerance policy and zero tolerance policing….
This harms the cause they are fighting for. The punishment exists for drunk driving. That punishment is handed out when people aren’t driving, it ceases to be a deterrent against driving drunk. Why hand over your keys when you’ll be punished either way?
$530,000USD is in my opinion a lot for a passenger to be fined, although i don’t see any issues with the passenger being fined. it doesn’t take much to injure or kill a person with a vehicle, so things like this should not be taken lightly. i’m surprised anyone voted ‘no’.
When I watched some Japan Cops show few years back with friends I asked about BAC, they told me it was 0.08 in Japan, maybe it’s changed recently? I kept thinking how generous, coming from Australia’s 0.05.
The most interesting part I remember was how tough the cops changed to when someone had weed in their car, then the puppy gloves were off!
“This harms the cause they are fighting for. The punishment exists for drunk driving. That punishment is handed out when people aren’t driving, it ceases to be a deterrent against driving drunk. Why hand over your keys when you’ll be punished either way?”
So, now the punishment exists for being involved in drunk driving.
You hand over your keys to some one who isn’t drunk, is all. Seems like that IS the point.