มาตรการทางกฎหมายในการป้องกัน อุบัติเหตุบนท้องถนนจากการเมาแล้วขับ

Abstract

The aim of this research is to study the legal measures in preventing traffic accidents from drunk driving in Thailand and other countries. The research aims to analyze the obstacles and problems in enforcing legal measures to prevent traffic accidents from drunk driving. This research also provides recommendations to develop the legal measures on preventing traffic accidents from drunk driving. The research result shows that; 1) Legal measures in preventing traffic accidents from drunk driving in Thailand and other countries are similar. The researcher studied the Alcoholic Beverage Control Act of 2551 and found that there are many measures such as measures on drinking prohibition and advertisement prohibition. The studies also found that Thailand and other countries have similar measures. For instance, , Thailand and France have measures relating to drinking prohibition in restricted zone and measures on advertisement that must not target at children and teenagers. Moreover, Alcohol advertisement are not allowed on television and cinema. The research also found that Thailand and other countries have similar measure to prevent car accident from drunk driving. The measures are blood alcohol testing which are in 3 methods 1) such as breath alcohol testing, 2) urine alcohol testing and 3) blood alcohol testing. However, the alcohol concentration level for the testing are varied in those countries. Moreover, the research found that the United Kingdom does not have a term of imprisonment for drunk driving offences and that the United State of America has penalties for drunk in two types. The first type is a penalty for mature person and the second types is for juveniles who are under 21 years old. In USA, a measure for traffic accidents from drunk driving offense are probation measures such as social services or a service to victim from drunk driving accidents. 2) The research result shows that obstacles and problems in enforcing legal measures to prevent traffic accidents from drunk driving arise from the content of law and the enforcement of the law by officers. For example, there is not a clear determination regarding to the authority of officers for enforcing the law. The law also does not define methods in enforce it. These situations cause the problem on law enforcement for the officers. Moreover, some penalties do not sufficient to prohibit drunk driving behavior. For example in case of refusal take a blood alcohol concentration, the offenders will be fined only 1,000 baht. This create an ineffective enforcement as law offenders don not comply to the small penalty. In addition, the problem on law enforcement for the officers is that the officers do not regularly enforce the law because the officers rigorously enforce the law only during long holiday. As a result, the law enforcement is not continuous. 3) The recommendations from this research are that the law should be revised to create a clearer interpretation and enforcement for the officers. For example, the denying of the blood test for drunk driving should be revised by that “If any person rejects blood alcohol measurements drunk, that person must be assumed as a drunk driving offenders. Moreover, in the law enforcement for officers, there should be collaboration between government agencies regularly in order to continue the enforcement regularly not only during a long holiday. Moreover, criminal record should be checked making a court trails for drunk driving. The check of the record can help determine appropriate penalty for the offender.