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🚴 | Hit by a dump truck turning left ... A man in his 60s who was crossing an intersection by bicycle died and the driver was arrested


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Hit by a dump truck turning left ... A man in his 60s who was crossing an intersection by bicycle died and the driver was arrested

 
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Police are rushing to confirm the identity of the deceased man, and will switch the suspect to negligent driving fatal in the future and investigate further.
 

Around noon on the 23rd in Handa City, Aichi Prefecture, a man in his 60s who was riding a bicycle was hit by a dump truck at an intersection and died ... → Continue reading

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Negligence driving fatal injury

Negligence driving fatal injury(Kashitsuun Tenchi Shishozai)Automobile[1] OfoperationIt is applied when a person is killed or injured by neglecting the necessary precautions.crime.

Criminal law OfBusiness negligenceIt is a type ofCar driving negligent death and injuryAs stipulated in Article 211-2 of the Criminal Code,Car driving punishment lawWas established, and the provisions of this offense were also transferred to Article 5 of the same law.

Background / progress

Career

Progress

This sin is2007 (HeiseiDue to the revision of the Criminal Code (19), it was newly established in Article 211-2 of the Criminal Code as a manslaughter crime.Prior to that, accidents caused by automobiles were subject to corporate manslaughter.Driving a car is repetitive and may endanger human life and body, so even private driving is a "business".

In the past, the only crimes applicable to personal injury were accidental fatalities and injuries in business.Tomei Expressway drunk driving accidentHas a great influence on public opinion, and among the accidents resulting in injury or death of automobiles, especially malicious accidents such as driving in a state where normal driving is not possible due to the influence of alcohol or drugs, or accidents resulting in injury or death caused by driving a car at an uncontrollable speed. To be severely punished2001 Due to the revision of the Criminal Code (13), it became Article 208-2 of the Criminal Code.Dangerous driving fatal injuryWas newly established.However, the conditions under which dangerous driving fatal injuries are applied are very strict, and manslaughter is often applied in business.In addition, for corporate manslaughter, the statutory sentence is imprisonment or imprisonment for up to 5 years or a fine of up to 100 million yen.

Therefore, as a type of manslaughter in the conventional business, the statutory sentence is raised to imprisonment or imprisonment for up to 7 years or a fine of up to 100 million yen, and there is a high possibility of harming others more than normal business conduct. The criminal law stipulates manslaughter for driving a car in order to treat a person's death or injury caused by driving a car more seriously than normal business negligence.afterwards,2013 In (25), the Car Driving Penalty Law was enacted, and both this crime and dangerous driving fatal injuries were transferred to the same law. It was changed to the crime of manslaughter in Article 211 of the law.After the new punishment, personal injury is subject to negligent driving fatal injuries.

Overview

This offense is stipulated in Article 5 of the Act and is applied when a person is killed or injured by neglecting necessary precautions when driving a car. , It is stipulated that the sentence can be exempted.However, minor injuries do not necessarily mean that you are exempt from punishment.

This sin isNegligenceBecauseNegligenceIt is necessary to have the predictability of whether or not it was possible to recognize in advance that damage may occur, and the possibility of avoidance as a result of whether or not the damage could be avoided if proper actions were taken. ..In other words, the crime is established by the driver's negligence.For example, dozing, carelessness ahead,Ignore the signal・ Oversight, driving while using a mobile phone, etc.Road lawViolations are negligent because they neglected the necessary precautions when driving a car.

In a car accident, it is rarely determined that the driver was completely negligent, and the driver is accused of this crime, especially if the pedestrian is the victim.However, in realityLocal prosecutor's office Indictment(Prosecution delay), And in all accidents resulting in injury or death,Criminal liabilityIs not punished in court.

Legal sentence

Imprisonment or imprisonment for up to 7 years or a fine of up to 100 million yen.

Weighted by unlicensed driving

In the case of unlicensed driving, the sentence will be weighted and imprisonment for up to 10 years will be imposed.There is no need for a causal relationship between unlicensed driving and human death or injury, but if you do not have driving skills, you will be guilty of dangerous driving fatal injury.In order to establish a dangerous driving fatal injury crime, it is necessary to have no driving skill, and if it is recognized that there is driving skill even if there is no license, the unlicensed driving weight of the negligent driving fatal injury crime will be applied.For example, even if you have never obtained a license, you are repeatedly driving without a license, and if you can drive, you are considered to have driving skills.The same applies if your license is revoked and you do not obtain it.

Number of crimes

  • If dangerous driving fatal injuries are established, dangerous driving fatal injuries and negligent driving fatal injuries areLaw conflictIs the relationship.
  • Drunk driving and negligent driving fatal injuries are related to merger crimes.
  • Accidental driving fatal injuries and other traffic law violationsAnnexation crimeIs the relationship.

Administrative sanctions

In addition to the criminal punishment for this offense, the driver who has caused a personal injury will be subject to additional violation points and administrative punishment.

The license points added to the driver are the basic points imposed for violations.[2]And, there are additional points that are imposed according to the seriousness of the accident resulting in injury or death.

Additional points according to the degree of damage in personal injury
Degree of damage to the victimExclusively in the case of the perpetrator's negligenceOther than the ones on the left
Death 20 points 13 points
Injury (treatment period is 3 months or more orSequential disability)13 points9 points
Treatment period 30 days or more and less than 3 months9 points6 points
Treatment period 15 days or more and less than 30 days6 points4 points
Treatment period less than 15 days3 points2 points

Precedent

Here, the manslaughter crime (or manslaughter crime) is applied, the judgment of the perpetrator is finalized, and the outline and judicial precedents of the accident that has attracted public attention are shown.

Kameoka runaway accident [3]- 2013 May 9Osaka High CourtJudgment
2012 May 4,KyotoKameokaso,AutomobileTheUnlicensedでDozing drivingA boy rushed into a child attending school and his guardian, killing and injuring 10 people.Traffic accident..The boy was arrested on suspicion of negligent fatal injury and violation of the Road Traffic Act (unlicensed driving)[4].Kyoto District Public Prosecutor's OfficeとKyoto Prefectural PoliceInitially considered the application of dangerous driving fatal injuries, but abandoned it because it did not meet the constituent factors of dangerous driving fatal injuries, and due to misconduct such as manslaughter.Kyoto Family CourtI sent it to.The ground inspection determined that the boy had repeated unlicensed driving and had been driving for a long time without an accident just before the accident, so he judged that he had "driving skills" and charged him with negligence in driving a car. On February 2012, 2, the Kyoto District Court sentenced the boy to an irregular sentence of 9 to 5 years in prison.Both the defense and the prosecution appealed, and the Osaka High Court reversed the first-instance judgment and sentenced him to an irregular sentence of 8 to 5 years in prison.The defense and the prosecution did not appeal, and the decision was finalized.
Kanetsu Expressway Expressway Doze Driver accident [5]- 2014 May 3Maebashi District CourtJudgment
2012 May 4,Gunma OfKanetsu ExpresswayThen, a tour bus collided with a noise barrier, killing and injuring 46 passengers and crew.The driver man was hospitalized, but after recovering, he was arrested on May 5 for negligent fatal injury and charged on 1nd.[6].. On March 2014, 3, the Maebashi District Court sentenced the driver to 25 years and 9 months in prison and a fine of 6 million for the crime of negligent fatal injury in driving a car, violation of the Road Transport Law, and the use of false records of the original electromagnetic notarial act. Convicted Yen.The defense did not appeal and the decision was finalized.
[7][8][9]- 2020 May 2Otsu District CourtJudgment
2019 May 5At the intersection in Otsu City, a right-turning car tried to turn right at the green light, and it came into contact with an oncoming straight-ahead car that was also going straight at the green light. An accident that killed and injured 16 people.Shiga Prefectural PoliceArrested two women who were driving a straight-ahead car and a right-turning car on suspicion of negligent driving injuries.The woman in the right turn car is guilty of accidental driving fatal injury,Stalker regulation lawviolation[10]The Otsu District Court was charged with such charges.2020 May 2He sentenced a woman in a right-turning car to a prison sentence of 4 years and 6 months in prison, with the main cause of the accident being an attempt to make a right turn without noticing the straight-ahead car due to carelessness ahead.In response, the woman in the right-turning car had appealed, but the decision to withdraw was finalized in April.
The driver of the straight-ahead vehicle was released on the day of his arrest and has not been prosecuted since then, but the bereaved family has filed a petition with the Otsu Prosecutor's Office on May 2021, 5 for dissatisfaction with this.[11].

Accidental driving fatal injury Alcohol, etc.

Overview

Accidental driving fatal injury Detecting the effects of alcohol, etc. Exemption from waiver is based on Article 4 of the Act on Punishment of Driving by driving a car in a state where the influence of alcohol or drugs may interfere with normal driving. If a person is killed or injured by neglecting necessary precautions, he / she may take more alcohol or drugs on the spot in order to avoid discovering the presence or absence or degree of influence of alcohol or drugs during driving. It stipulates that punishment will be heavier for acts that should be avoided from being discovered whether or not there is an effect, such as reducing the concentration of alcohol or drugs held in the body away from the body.

In other words, driving in a state where there is a risk that normal driving may be hindered due to the effects of alcohol and drugs, and neglecting the necessary precautions in driving may cause personal injury (criminal offense of accidental driving fatal injury). He is guilty of trying to conceal his drunk driving and drug driving at the time of the accident by ingesting more alcohol and drugs after the accident and escaping from the scene.It is said that other methods can be used for the purpose of concealing the intake of alcohol and drugs during driving.

In addition, if you escape from the scene, a violation of the duty to rescue of the Road Traffic Act will also be established, and this crime isAnnexation crimeBecome a relationship.

It is a condition that may interfere with normal driving, and it is not necessary that there is an actual obstacle to driving in order to establish this crime, and if so, it is said that dangerous driving fatal injury crime will be established. ..

Legal sentence

Imprisonment for up to 12 years.

Weighted by unlicensed driving

Unlicensed driving will result in a weighted sentence and imprisonment of up to 15 years.If you do not have driving skills, you will be subject to dangerous driving fatal injuries.Details such as the criteria for having or not having driving skills are the same as the above-mentioned unlicensed weighting of negligent driving fatal injuries.

footnote

[How to use footnotes]
  1. ^ The "car" here isRoad Traffic LawAutomobiles andMotorized bicycleBecause it is a three-wheeled / four-wheeled vehicle,オ ー ト バ イ,Small special motor vehicleIs also included.Bicycle-CarriageSuch asnon-motorized vehicle,and,Tram,trolley busIs out of scope.same as below.
  2. ^ It is often considered a violation of safe driving obligations and points are added.
  3. ^ "Unlicensed driving" from before "Kameoka death and injury boy" did a difficult thing "" Asahi Shimbun April 2012, 4 evening edition (Osaka head office 25rd edition) page 3 "Victim contact information Handed over by paper Kameoka runaway Prefectural police" Law violation "Suspicion" "Asahi Shimbun April 11, 2012 evening edition (Osaka Headquarters 4rd edition) 26st page" Leakage "lack of consideration" Kameoka runaway chief apologizes before dawn "Asahi Shimbun April 3, 1 evening edition (Osaka Headquarters 2012rd edition) ) Page 4 "Statement of" Ride over capacity "on the day" Asahi Shimbun April 26, 3 Morning edition (Osaka Headquarters 12th edition) Page 2012 "Kameoka 4 people on the night at the venue" Asahi Shimbun April 27 13th morning edition (Osaka head office 37th edition) 1100th page "Teach the victim's mobile teacher Kameoka runaway to the father of the driving boy" Asahi Shimbun April 2012, 4 morning edition (Osaka head office 27th edition) 13st page "All 37 people are unlicensed Kameoka Runaway Prefectural Police begins voluntary hearing "Asahi Shimbun April 2012, 4 morning edition (Osaka Headquarters 27th edition) page 13" Victim response prosecution led an unusual policy for Kameoka runaway information leakage "Asahi Shimbun April 1, 7 morning edition (Osaka Headquarters 2012th Edition) 4st page
  4. ^ In addition to the driver, a boy with a passenger and a boy who lent a car to the driver's boy, who was known to be unlicensed, were also arrested on suspicion of unlicensed driving assistance, and the total number of arrests was six.
  5. ^ "7 bus collisions killed 39 tour guests injured" 2012 (24)May 4付 Asahi Shimbun朝刊(大阪本社13版)1面 "バス競いすぎた格安" 2012年(平成24年)4月30日付 朝日新聞朝刊(大阪本社13版)2面 "「いつか起きると」別の運転手「交代の人必要」" 2012年(平成24年)4月30日付 朝日新聞朝刊(大阪本社13版)26面 "潰れた車内「助けて」未明の衝撃 連休悪夢" 2012年(平成24年)4月30日付 朝日新聞朝刊(大阪本社13版)27面 "バス衝突7人死亡 関越道、運転手「居眠り」" 2012年(平成24年)4月30日付 Nihon Keizai ShimbunMorning edition (Osaka head office 12th edition) 1st page "Bus wreck, two" help "groans" April 2012, 24 Nihon Keizai Shimbun morning edition (Osaka head office 4th edition) 30th page "Detours not instructed Why "13 (Heisei 35)May 5Attached Asahi Shimbun morning edition (Osaka head office 13th edition) 26 pages "Soundproof wall 10 meters squeeze" May 2012, 24 Asahi Shimbun morning edition (Osaka head office 5th edition) 1 pages "Tour bus standard review Ministry of Foreign Affairs Policy 13 Priority survey of companies "27 (200)May 5Attached Asahi Shimbun morning edition (Osaka head office 13th edition) page 1 "Running route" no memory "Kanetsu road bus accident driver made a statement" May 2012, 24 Asahi Shimbun morning edition (Osaka head office 5th edition) page 2 " Full-scale investigation of safety posture Kanetsu Road Accident Suspected overworked driving "Asahi Shimbun evening edition dated May 13, 26 (Osaka Headquarters 2012rd edition) 24 pages" Over 5 violations of safety obligations "2 (3)May 5Attached Asahi Shimbun morning edition (Osaka head office 13th edition) 35 pages "Bus operator without creating operation instructions Double digit violation of laws and regulations" Nihon Keizai Shimbun morning edition (Osaka head office 2th edition) 2012 Face "Operating company 24 super law violation?" 5 (3)May 5Attached Nihon Keizai Shimbun morning edition 12th edition 30 pages
  6. ^ After that, it was discovered that he was doing unauthorized business,Road transport lawHe has been re-arrested for the violation.
  7. ^ "Otsu kindergarten child death and injury accident Defendant withdraws appeal and sentenced to imprisonment confirmed"Sankei Shimbun. (July 2020, 5). https://search.yahoo.co.jp/amp/s/www.sankei.com/article/20200415-PMOIKRFFONPEZL3LDX3KFAHKBQ/%3FoutputType%3Damp%26usqp%3Dmq331AQFKAGwASA%253D- NovemberBrowse. 
  8. ^ “Regaining consciousness of one nursery school child, two cars died in a walk line”Asahi Shimbun. (April 2019, 3). https://search.yahoo.co.jp/amp/s/www.asahi.com/amp/articles/ASM583QFXM58PTJB002.html%3Fusqp%3Dmq331AQFKAGwASA%253D 
  9. ^ "Otsu's child death and injury accident, sentenced to 4 years and 6 months imprisonment for defendant"Asahi Shimbun. (April 2020, 2). https://search.yahoo.co.jp/amp/s/www.asahi.com/amp/articles/ASN2K42Z4N2GPTJB015.html%3Fusqp%3Dmq331AQFKAGwASA%253D 
  10. ^ Stalking a man on his mobile phone while on bail
  11. ^ Otsu kindergarten child death and injury accident "Negligence even in a straight car" Bereaved family and others filed a complaint with the prosecution examination committee Mainichi Newspaper March 2021, 5

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