There are a number of cases in which bereaved families are suffering from the “dangerous driving resulting in death or injury,” which was introduced as a result of stricter penalties for dangerous driving. Journalist Mika Yanagihara said, “Even if a person causes a fatal hit-and-run accident under the influence of alcohol without a driver’s license, vehicle inspection, or insurance, it cannot be judged as dangerous driving under the current law.The law was born out of the anger and pain of the bereaved family. “It’s making people suffer,” he said.
The car was being driven by a Brazilian national.
Even if you drive dangerously, you cannot be charged with “dangerous driving causing death or injury.”
Why are accidents caused by such malicious and dangerous acts such as drinking, running red lights, excessive speeding, and not having a driver’s license treated as “negligence”?
The crime of dangerous driving causing death or injury was newly established in the 2001 revision of the Penal Code in response to the questions and anger expressed by bereaved families who had lost loved ones. This year marks the 22nd anniversary of the enactment of the new law, and there has been active debate about whether the provisions should be revised.
Although the legal penalty has been raised to a maximum of 20 years in prison, in reality the hurdles to proving “intentionality” are extremely high. Even in cases that objectively appear to be “dangerous driving”, there are many cases where this crime is not applied and the driver is prosecuted for “negligence.”
A fatal 194 km/h collision that occurred at a prefectural road intersection in Oita City in February last year was also initially prosecuted for “negligence.” In addition, the driver was also charged with “negligence” in a fatal rear-end collision that occurred in Utsunomiya City in February of this year at a speed of 162 km/h, and the bereaved family has now requested that prosecutors indict him for “dangerous driving.” That’s where I am.
Even though heavy penalties for dangerous driving had been newly established, the victim’s family felt frustrated and regretful that the incident was treated as “negligence.” This is truly secondary damage caused by the state. Those involved have been forced to suffer psychological pain for many years.
The pain of a father who lost his eldest son at the age of 19
It was around 4:30 a.m. on October 30, 2011, that her father, Tetsu Mano (age 50 at the time), received the first report of the accident.
“My son was involved in a hit-and-run accident and was taken to Nagoya Medical Center.”
It was a short phone call from the emergency services stating only their requirements.
When Mr. and Mrs. Mano rushed to the medical center at around 5:30 a.m., what they saw was an unbelievable sight. The eldest son, Takahito (19 at the time), was lying on the bed in the treatment room covered in blood, unconscious and his skull greatly caved in. There is also bleeding everywhere, including his ears and nose.
However, even with her child in front of her, Mano was unable to accept the reality.
“At that time, my son was still breathing, but the doctor in charge of him said, “Surgery is impossible, there is nothing we can do about it.” My beloved son was dead. I just had to wait for it to happen.I couldn’t face reality.”
2023-12-15 08:03:08
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