A man who injured himself while riding an electric scooter intoxicated has been sentenced to eight months in prison due to prior offenses, the Pingtung District Court ruled earlier this month.
The man, surnamed Chen (陳), was riding an electric scooter past a temple in the county’s Fangliao Township (枋寮) in February last year when he allegedly swerved to avoid a dog, falling and injuring himself. At the hospital where he was being treated, police found that he had a blood alcohol concentration of 1.18 milligrams per liter, well over the legal limit.
Chen, 58, denied having consumed alcohol.
Photo: Lee Li-fa, Taipei Times
During their investigation, prosecutors found that between 2017 and 2021, Chen had been charged four times for operating a vehicle under the influence, receiving sentences from three to six months, all convertible to fines.
Prosecutors urged the court to impose a heavier sentence of at least six months in prison for his fourth offense. Chen pleaded for a lighter sentence, telling the court that he had quit drinking due to an illness and promised not to reoffend. He received a six month sentence, convertible to a fine.
Chen was allegedly found to have continued drinking heavily, ultimately culminating in last year’s incident, prosecutors said.
The Pingtung District Court on Friday last week said that Chen had demonstrated a “poor attitude” in denying his actions.
In addition, he had prior convictions for gambling, extortion, obstruction of official duties and multiple public endangerment offenses, it said.
“Despite having been sentenced several times for driving under the influence [DUI], he continued to reoffend, making it clear that converting prison terms to fines could no longer prevent offenses,” it said.
The court sentenced him to eight months in prison. The ruling can be appealed.
A lawyer, speaking on condition of anonymity, said they believe the sentence was disproportionate, as typical DUI cases involving cars or motorcycles usually result in two to three months imprisonment.
“The judge considered Chen’s repeat offenses and the prosecutor’s request for a heavier sentence, ultimately ruling that Chen should be jailed,” they said. “Nevertheless, as Chen’s latest DUI involved a self-inflicted injury and a relatively low-risk vehicle — an electric scooter — the sentence could be reduced if he appeals.”
The Pingtung County Police Department’s Traffic Division said that exceeding the legal alcohol limit while operating any motorized vehicle constitutes public endangerment under the Criminal Code.
A “motorized vehicle” refers to any vehicle that is powered by an engine or electric motor, which includes electric scooters and mobility scooters, commonly used by elderly people, it said.
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