Is the Japanese prosecution’s opinion that “except for drunk driving, no other actions constitute dangerous driving” ?
– Judged not dangerous even when driving 194 km/h on public roads and causing the other party’s death –
On February 9, 2021, a vehicle collision occurred in Oita City, Oita Prefecture.
It was a right-turn collision accident where the straight-through vehicle collided with the right-turning vehicle. The driver of the right-turning vehicle died in this accident.
From the news reports so far, it appears neither vehicle ran a red light, and both straight and right turns were possible at the time.
Considering Japan’s Road Traffic Act, in such situations, the straight-going vehicle generally has the right of way. Therefore, the right-turning vehicle must confirm the presence and distance of the straight-through vehicle and ensure it is safe before turning right.
Road Traffic Act, Article 37
SOURCE: JAPAN LAW TRANSLATION(2022/10/08)
When turning right at an intersection, a vehicle, etc. shall not obstruct the progress of another vehicle, etc. that are going straight or turning left at the intersection.
HTTPS://WWW.JAPANESELAWTRANSLATION.GO.JP/JA/LAWS/VIEW/2962#JE_CH3SC1AT1
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)
194 km/h means driving 194 kilometers in one hour. That’s approximately 3.28 kilometers per minute, or about 539 meters every 10 seconds.
Who would expect to find a car driving at 194 km/h on a public road ?
The right-turning vehicle must check for the presence and distance of oncoming traffic.
However, in this case, even if the right-turning driver had checked, the oncoming vehicle’s headlights would have appeared quite far away. In other words, didn’t the right-turning driver make the turn after judging it to be safe ?
It’s easy to understand that the right-turning driver likely felt the oncoming vehicle was like a missile.
In this accident case, everyone believed “Dangerous Driving Causing Death or Injury” would apply.
The Dangerous Driving Causing Death or Injury Act was enacted following an accident where two girls died due to drunk driving. It was established because the previous Road Traffic Act could not adequately address such egregious accidents.
A decision was made that was both surprising and difficult to understand.
The Oita District Public Prosecutors Office(hereinafter called Oita prosecutors) determined that driving at 194 km/h on a public road did not constitute “Dangerous Driving Causing Death or Injury”, and it instead constituted “Negligent Driving Causing Death or Injury”.
Why did the Oita prosecutors determine that it did not constitute “Dangerous Driving Causing Death or Injury” ?
This was stated during the bereaved family’s press conference: they got the explanation from the Oita prosecutors, “The straight-through driver was going straight until the collision. This indicates 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.” Also, “If it is a case of first-time offender, there is a possibility of a suspended sentence.”
From this statement, it can be inferred that the Oita prosecutors judged that “even while driving at an unimaginable speed of 194 km/h on a public road with traffic signals, the driver was in control of the vehicle.”
Negligent Driving Causing Death or Injury, Article 5.
SOURCE: JAPAN LAW TRANSLATION(2022/10/08)
A person who fails to exercise the due care required in driving a motor vehicle and thereby causes the death or injury of another is subject to punishment by imprisonment with or without work for not more than 7 years or a fine of not more than 1,000,000 yen; provided, however, that the person may be granted an absolute discharge in the light of circumstances if the injury is minor.
HTTPS://WWW.JAPANESELAWTRANSLATION.GO.JP/JA/LAWS/VIEW/2965
The following is an excerpt from the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc.
Oita prosecutors must have determined that the following did not apply.
(ii)an act of driving at such high speed that it is exceedingly difficult for the person to control the motor vehicle;
SOURCE: Japan Law Translation(2022/10/08)
(iii)an act of driving when the person lacks the skills to control the motor vehicle;
https://www.japaneselawtranslation.go.jp/ja/laws/view/2965
The Oita prosecutors determined that this straight-through driver possessed the skill to stop before the stop line when a traffic signal changed from yellow to red, even while driving at 194 km/h on a public road.
(Even with a thrust reverse of jet engine, I think it would be difficult…)
For reference, a vehicle driving at 194 km/h should require a stopping distance of around 300 meters, assuming dry pavement and good tires. Since 194 km/h moves approximately 269 meters in 5 seconds, the driver would need to anticipate the signal turning red and apply the brakes at least 6 seconds in advance.
The Oita prosecutors must prove to the public including the victim’s family that a vehicle driving at 194 km/h can be precisely controlled to avoid accidents even when stopping at a signal or when the vehicle ahead brakes suddenly.
We had believed that traffic laws such as the Road Traffic Act were enacted based on scientific evidence for preventing accidents.
However, from the Oita prosecutors’s recent decision, it’s impossible not to conclude that these laws were enacted with no such basis in scientific evidence, only for the purpose of collecting fines.
If anyone disagrees with this opinion, please prove that a vehicle driven at 194 km/h on a public road can be safely controlled.
It is a critical alarming issue that the government (including the Public Prosecutor’s Office) has become so detached from public understanding.
Members of the National Diet as the legislative branch should not only propose revisions to relevant laws but also formally request the Oita prosecutors to demonstrate that speeds of 194 km/h can be safely controlled.
Unfortunately, the current National Diet seems to be more concerned about former Prime Minister Abe’s state funeral and the Unification Church issue than all other issues.
Reference: (In Japanese)YAHOO JAPAN News[Mika Yanagihara] (2022/10/05)
https://news.yahoo.co.jp/byline/yanagiharamika/20220815-00310294
Reference: (In Japanese) NHK NES WEB(2022/10/06)
https://www3.nhk.or.jp/lnews/oita/20220815/5070013459.html
Reference: (In aYomiuri Shinbun Online
https://www.yomiuri.co.jp/national/20221009-OYT1T50047/
Thanks.
2022/10/09