In February 2021, a 19-year-old driver was driving at 194 km/h (121 mph) on a local road in Oita City, Oita Prefecture, Japan, and collided with a vehicle making a right turn at an intersection. The accident resulted in the death of a male driver in his 50s.
The legal speed limit on the road where this accident occurred was 60 km/h (37 mph). The defendant was speeding at 194 km/h (121 mph), more than three times that limit, 134 km/h (83 mph) over the limit.
Appeal of the bereaved family
Re-investigation, change of indictment
Initially, the prosecution had indicted the driver on charges of negligent driving resulting in death, but the victim’s family, seeking stricter punishment, petitioned for a re-investigation. After submitting 28,000 signatures demanding a harsher penalty, the case was revisited, and in December 2022, the charges were amended to dangerous driving, resulting in death—a much more serious offense.
The revised charge of dangerous driving resulting in death carries a maximum penalty of 20 years in prison, compared to the seven-year maximum for negligent driving resulting in death. This change was significant, especially given the severity of the incident.
Driving at 194 km/h (121 mph)
Dangerous Driving Recognized by the Court
The main issue in this case was whether the defendant’s driving behavior was simply negligent or dangerous. According to Japanese law, Article 2 of the Automobile Driving Punishment Act includes “driving at such a high speed that it is impossible to control the progress” as dangerous driving.
The Oita District Court ruled that the defendant’s speed of 194 km/h (121 mph) violated this provision. Accordingly, on November 28, the court sentenced the defendant to eight years in prison.
Dangerous Driving Causes Death
Discussion on Revision of Law Begins in Full Swing
This case has sparked renewed debate over Japan’s laws regarding dangerous driving. Critics have pointed out that the criteria for applying the dangerous driving charge are unclear. In response, the Ministry of Justice has been holding expert review meetings to discuss possible improvements to the law. At a November 13 meeting, the Ministry released a draft report on dangerous driving causing death, indicating plans to consider legal revisions moving forward.
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