The distinction you make is fair. What I meant by active is as you describe "operating a vehicle", pedestrians are active participants as well, but you arguably are more likely to cause harm when misusing vehicles than on foot.

I was generally speaking about cities where most of these fines/sentences happend. In rural areas it is harder in many countries, although bare extreme mountainous parts, Japan is generally OK here as well.

Though I believe in these parts you are not only less likely to cause harm when drunk driving + police is less likely to stop you as well.

Generally speaking, it is always possible to either plan well enough to be able not to operate a vehicle drunk, or to simply don't drink if the former isn't possible. Don't you agree?