Japan Govt Adopts Legislation on Dangerous Driving Numerical Standards

Tokyo, March 31 (Jiji Press)–The Japanese government at a cabinet meeting Tuesday adopted legislation to revise automobile-related laws to introduce numerical standards for excessive speed and alcohol levels in order to clarify the application requirements for the crime of dangerous driving causing death or injury. With the Justice Ministry planning to put the revised laws into effect this summer, the government aims to have the legislation enacted during the ongoing parliamentary session. The maximum statutory penalty for dangerous driving is 20 years in prison, which is heavier than up to seven years for negligent driving resulting in death or injury. But application requirements for dangerous driving are vague under current rules, such as “high speeds that make it difficult to control the vehicle’s operations.” Therefore, many cases have ended in the application of negligent driving. Under the amendment, the crime of dangerous driving causing death or injury would be applied uniformly to accidents caused by exceeding the speed limit by more than 50 kilometers per hour on ordinary roads with the limit of 60 kph and by more than 60 kph on roads with the limit of over 60 kph, including expressways. On drunken driving, alcohol levels of 0.5 milligram or more per liter of breath tested or 1.0 milligram per milliliter of blood, equivalent to the amount reached when an adult consumed two 633-milliliter bottles of beer, would constitute dangerous driving. Also in the legislation is a provision making the crime of dangerous driving applicable to cases in which accidents resulting in death or injury are caused “by driving at high speeds that make it extremely difficult to avoid grave traffic dangers” and “under the condition where normal driving is difficult due to the influence of alcohol,” even if the excessive speed and alcohol levels involved are below those numerical standards. Drifting, or intentionally causing a loss of wheel traction to allow the vehicle to skid sideways, would also be subject to punishment. Under the current road traffic law, alcohol levels of 0.15 milligram or more per liter of breath constitute driving under the influence of alcohol, while the requirement for drunken driving, which is more malicious, is ambiguous: “normal driving is difficult due to the effect of alcohol consumption.” Given the present circumstances, the same standards as those for dangerous driving would be introduced under the road traffic law. In the trial on a fatal 2021 accident in the city of Oita, southwestern Japan, which was caused by a car driven at a speed of 194 kph on a road with a speed limit of 60 kph, a district court sentenced the driver to eight years in prison, concluding that the case constituted dangerous driving. But a high court ruled that the case did not meet the requirements for dangerous driving. It therefore applied the crime of negligent driving and handed down a prison sentence of four years and six months. Bereaved relatives called for a revision of related legislation, saying that the sentence is “far from common sense.” END [Copyright The Jiji Press, Ltd.]