Sat, Oct 23, 1999 page2

• Drunk-driving accidents raise questions about Taiwan culture

  DUI Two collisions by drunken motorists with police officers in three days has led to an outcry to make Taiwan drunk driving laws tougher, but academics and social critics wonder whether there aren't wider problems involved

  • By Ko Shu-ling / STAFF REPORTER
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  Two motor accidents in three days involving drunken drivers ploughing into police officers have reignited a debate on the issue of drinking and driving and the wider social role of alcohol consumption in Taiwan's society.

  The first accident happened at 2:10am on Oct. 19, involving three Taipei City police officers standing outside their squad car conducting roadside inspections. The officers stopped a scooter driver for not wearing a helmet and were about to write him a ticket when a car rammed into the group at a speed of 80kph killing one officer and injuring the other two. The scooter driver escaped with minor injuries.

  The driver of the car, later identified as Hsiao Shu-fei (?/22Q|m), reportedly tried to flee on foot with the passenger of her car. She appeared to be out of breath and disoriented when police caught up with her.

  

  A recent crackdown in Taipei on driving under the influence of alcohol was prompted by two recent incidents in which police officers were injured as a result of drunk driving.

  PHOTO: CHEN CHENG-CHANG, TAIPEI TIMES

  Hsiao refused to take a breath test and was later taken to the hospital for a blood test. The report showed that her blood alcohol content was 0.81 mg/L -- 47 percent above the legal limit of 0.55 mg/L.

  Two days later, police officer Huang Wen-kuei (黃?撣?/CHINESE>) in Taichung County was hit from behind by a drunk driver. He sustained a concussion and is still in the hospital under observation.

  Following the two accidents, the central and Taipei City governments have proposed harsher penalties for drunk driving, but academics, government ministers, doctors and lawyers have raised questions about the legal, medical and cultural implications of the move.

  Legal aspects

  In response to the two recent accidents, both of which injured law enforcement officers, Taipei Mayor Ma Ying-jeou (馬-^?E) proposed raising the upper limit on drunk-driving fines to NT$100,000. He also suggested punishing the proprietors of stores which sell alcohol to drivers who cause traffic accidents after drinking.

  Minister of the Interior Huang Chu-wen (黃主??/CHINESE>) proposed that a fine of between NT$50,000 and NT$150,000 be imposed on drunk drivers, and also advocated revising the criminal law to impose harsher punishment for drunk drivers.

  The Ministry of Transportation and Communications (MOTC) on Oct. 18 proposed amendments to the drunk driving articles of the "Road Traffic Management and Punishment Law" (1D路交3q?THORN>2z3B罰條例). The proposal will be sent to the Cabinet and Legislative Yuan for further deliberation.

  The revision proposes raising the fine for driving under the influence from the original range of NT$6,000 to NT$12,000 up to NT$15,000 to NT$45,000. The amendment would also subject drivers whose blood alcohol content exceeds 0.25 mg/L to a NT$15,000 fine and suspension of their driving licenses for six months.

  The amendments also propose that if any injury or death is caused, the driver is subject to a NT$15,000 fine. Repeat offenders or those who refuse to take breath tests face a NT$45,000 fine and may have their drivers' license suspended for two years.

  Transport minister Lin Feng-cheng (林?正), however, questioned the legality of the motion proposed by the Taipei City government.

  Lin said in a recent TV interview that since the Road Traffic Management and Punishment Law is in place, local governments do not need to set their own laws outside the central government's legal system. In fact, the Regional Systems Act (|a?閮謍*法) prevents local governments from doing so, he said.

  In 1996, the MOTC used the same act to overrule a proposal made by the Taipei City government to punish scooter drivers for not wearing helmets and car drivers found not wearing seat belts.

  Longer-term impact

  But some experts have questioned whether or not the fines in the Road Traffic Management and Punishment Law were actually a deterrent.

  "[Violators] would rather kill [people] on the spot than pay long-term medical expenses for the victims," said lawyer Lin Shen-john (林賢宗) said.

  But in addition to civil law, drunk drivers also face criminal law, Lin said.

  The criminal code specifies that the driver of a non-commercial vehicle is subject to a NT$1,500 fine or up to six months of detention if he or she causes minor injuries while driving under the influence. Drunk drivers face a NT$4,500 fine, or less than one year of detention for causing serious injuries and a NT$6,000 fine or less than two years of detention for causing death.

  The number of violators caught under the new criminal law which went into effect on April 23 has risen dramatically. According to National Police Administration statistics, the number in 1996 was 28,480, 93,295 in 1997, 144,989 in 1998, and 120,654 as of September this year.

  According to the MOTC, alcohol is the third largest cause of traffic accidents annually, behind speeding and reckless driving. The number of deaths caused by drunk driving has dropped yearly. The figure in 1996 was 375, in 1997 was 302, and 236 in 1998.

  However, the two recent accidents have raised several questions: What does it take to change the law? Did the new law come too late? Are the current penalties stringent enough?

  National Chengchi University professor Dung Bau-tscheng (?保城) thinks that the authorities are overreacting to the two recent incidents.

  "Do we have to change the law every time we have casualties? It doesn't make sense," he said. "The government is neither an insurance company nor God. It cannot guarantee the safety of everybody. Law enforcement agencies should also think about whether there's something wrong with how they implement the law."

  Medical aspects

  Since blood alcohol content varies according to each person's physical make-up, the question has been raised as to whether the current standard of 0.55 mg/L is a reasonable one.

  According to Deng Jou-fang (鄧昭芳), director of the National Poison Center at Veterans General Hospital, it is.

  "Our standard is quite loose compared with those in other countries," he said. "Even though a person is not necessarily drunk, it is enough to affect a person's judgment and reflexes."

  For a person weighing 60kg, Deng said, it takes 50cc of pure alcohol to reach the legal limit -- that is, 350cc of 14 percent Shaohsing wine or three cans of Taiwan beer.

  Some Internet Web sites have been hawking remedies for passing Breathalyzer tests after drinking. They claim that coffee, cola or sweets can reduce the alcohol content which is registered on a Breathalyzer test.

  "That is ridiculous," Deng said. "A person's blood alcohol content doesn't drop that easily."

  A drinking culture

  But some social critics think the problem of drinking and driving is simply part of the role that alcohol plays in Taiwan society.

  This was demonstrated recently by events leading to the resignation in July this year of Yu San-mou (?*?T謀), the former director of the department of administrative litigation and discipline under the Judicial Yuan.

  Yu resigned from his post under public pressure when one of his female colleagues complained that he acted inappropriately when persuading her to drink more alcohol at a social gathering.

  Politicians and businessmen alike in Taiwan have seen it as a tradition to drain their glasses (乾杯), or risk being considered rude or lacking in respect for their drinking companions.

  "It is almost barbaric behavior," said Loh I-cheng (3陞H正), a former journalist and diplomat who is now an opinion page contributor to Chinese newspapers.

  "I cannot figure out why such a ferocious drinking culture still exists in our society," he said.

  Loh said that drinking was a part of his job in the diplomatic corps, but he cannot drink alcohol and is amazed by some people's habits.

  "I've seen a dozen Taiwanese people finish five or six bottles of hard liquor a night or drink a mix of five to six different kinds of red wine at a time," Loh said.

  Taiwan's drinking culture may have something to do with social discomfort, Loh said.

  "Because they don't have anything to say or don't know what to talk about, they simply drink and try to avoid embarrassing silences."
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