Oita District Public Prosecutors Office requests changed the causes of action.
– Accident on public road at 194 km/h: to be Dangerous Driving Causing Death or Injury –
Previously, I wrote about a right-turn collision accident that occurred on this public road.
However, this accident was not a simple right-turn collision accident.
The straight-through vehicle was driving at an unimaginable speed of 194 km/h. Also, the accident occurred not on a highway, but on a public road where pedestrians and bicycles also pass by. (Maximum speed 60 km/h)
The Oita District Public Prosecutors Office(hereinafter called Oita prosecutors) determined that this accident did not constitute Dangerous Driving Causing Death or Injury, but rather Negligent Driving Causing Death or Injury.
Oita prosecutors stated the reason for applying Negligent Driving Causing Death or Injury was that “the straight-through driver was going straight until the collision, indicating the straight-through driver was able to control the vehicle, so it does not constitute Dangerous Driving Causing Death or Injury. If, for example, the straight-through driver had failed to make a turn at a corner, that would constitute evidence of Dangerous Driving Causing Death or Injury.”
We believe that driving at 194 km/h on a public road alone constitutes Dangerous Driving Causing Death or Injury, regardless of whether an accident occurred.
This is because driving at 194 km/h on a public road makes it impossible to react to a traffic signal change, even considering braking distance.
Therefore, if the Oita prosecutors’s claim is scientifically correct, I wrote that they should prove that “a vehicle driving at 194 km/h on the road where the accident occurred could stop safely before the stop line even if the signal changed.”
As a reference, when vehicles drive at 194 km/h, even assuming dry pavement and good tires, the stopping distance should be around 300 meters. Since 194 km/h moves approximately 269 meters in 5 seconds, the brakes must be pressed at least 6 seconds before the traffic light turns red.
On December 1, 2022, there was a change in the situation.
The Oita prosecutors has reportedly requested a changed the causes of action from Negligent Driving Causing Death or Injury to Dangerous Driving Causing Death or Injury.
We believe this change the causes of action was undoubtedly prompted by the wishes of the bereaved family and those supporting them.
This is just the first step.
We hope the amendment to this changed the causes of action will be approved and that the case will proceed to the next step of lay judge system.
We feel that there are cases, not only this incident, but also others involving automobile-related legislation such as the “Road Traffic Act” and the “Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc”, that cannot be covered by these laws.
There was an incident in Sakai City, Osaka Prefecture, where a driver intentionally rammed a moving motorcycle with his car, resulting in the death of the motorcycle rider.
This incident applied Crimes of Homicide, but I believe there are still many cases where victims and their families are treated unfairly.
Vehicles are often called deadly weapons on wheels. Even when a vehicle is clearly used as a weapon, current laws can only treat it as a standard traffic accident. We believe that this is a flawed legislation.When discussing these cases, the debate often focuses on how to prove intent versus negligence. If this debate is too difficult, we could focus on making the crime of Dangerous Driving Causing Death or Injury more strict. For example, expanding the scope of Dangerous Driving Causing Death or Injury and treating its sentences similarly to other serious crimes.
Indeed, the law has been revised to impose stricter penalties for tailgating.
However, I believe it is necessary for someone in the Diet as the legislative branch to review past malicious incidents and revise the law to match the crimes. In other words, the law must be such that it does not make people think “this crime is only this serious”.
Reference: JAPANTODAY(2023/01/06)
Thanks.
2023/01/07