- I drove after drinking alcohol and caused a traffic accident. The victim is injured, and I am arrested and detained at Seijō Police Station of the Metropolitan Police Department…
- I was looking aside while driving on Ginza street, and caused fatal accident. I am questioned at Tsukiji Police Station of the Metropolitan Police Department…
1. Accident Causing Injury or Death
“Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc.” provides criminal punishment for the accident causing injury or death. In the past, accident causing injury or death was set under the Penal Code; however, rash of serious car accident led to the institution of the Act in a way to strengthen the acts to be punished and penalties.
In the case of the accident causing injury or death, dangerous driving causing death or injury or negligent driving causing death or injury can be established.
Dangerous driving causing death or injury is a crime of causing death or injury by engaging in an act of driving a motor vehicle under the influence of alcohol or drugs making it difficult for the person to drive safely; an act of driving at such high speed that it is exceedingly difficult for the person to control the motor vehicle; or, an act of driving a motor vehicle in a state where the person is likely to hinder safe driving under the influence of a disease.
Negligent driving causing death or injury is a crime of failing to exercise the due care required in driving a motor vehicle and thereby causing the death or injury of another.
The Act aggravates punishment for these crimes in the case of unlicensed driving.
2. Evasion of Detection of Influence of Alcohol, etc. in Case of Negligent Driving Causing Death or Injury
When a person, who drives under the influence of alcohol or drugs in a state likely to hinder the safe driving of a motor vehicle fails to exercise the due care required in driving and thereby causes the death or injury of another, the person is subject to punishment by imprisonment with work for not more than 12 years, to the extent the person engages, with the intent to evade the detection of the existence or extent of the influence of alcohol or drugs while driving, in any act of consuming further alcohol or drugs, leaving the site so that the concentration of alcohol or drugs in his or her body may be reduced, or otherwise evading the detection of the existence or extent of the influence.
For example, a person drove a car under the influence of alcohol and then cased an accident causing injury or death. The person ran away from the scene or reduced alcohol concentration by having water in high amount. These actions fall into the crime of evasion of detection.
Compared with the normal case, a heavier penalty is to be imposed on this offense because the Act does not disallow profiting by escaping in the drink-driving case.
▼Summary of Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc.
| Charged Offense | Result | Criminal Punishment & Statutory Penalty | |
| Other cases than unlicensed driving | Unlicensed driving cases (Art.6) | ||
| Dangerous driving causing death or injury (Art.2) | Death |
Imprisonment with work for not less than 15 years than 1 year (Up to 20 years) |
|
| Injury | Imprisonment with work for not more 15 years | Imprisonment with work for not less than 6 months (section 1) (Up to 20 years) | |
| Dangerous driving causing death or injury (Art.3) Alcohol, drug, disease |
Death | Imprisonment with work for not more 15 years | Imprisonment with work for not less than 6 months (Up to 20 years) |
| Injury | Imprisonment with work for not more 12 years | Imprisonment with work for not more 15 years (section 2) | |
| Evasion of detection (Art.4) | Death & Injury | Imprisonment with work for not more 12 years | Imprisonment with work for not more 15 years (section 3) |
| Negligent driving causing death or injury (Art.5) | Death & Injury | Imprisonment with or without work for not more than 7 years or a fine of not more than 1,000,000 yen |
Imprisonment with work for not more 10 years (section 4)
|
Penalties under the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc. are not petty at all such as imprisonment with work for up to 20 years or a fine of not more than 1,000,000 yen. In the case of unlicensed driving, the penalty is only imprisonment with work.
In the case of traffic accident causing injury or death, there is a possibility that the offender gets a prison sentence even though he/she is a first offender when the degree of an injury or aftereffects from an injury is serious. In cases where the accident was influenced by alcohol or drug, or the driver did not have a license, a penalty could be harsher. Run away from the scene (so-called, hit-and-run) makes the penalty aggravated.
~Defense in Accidents Causing Death or Injury~
1. Understanding the Backgrounds to the Accident Causing Death or Injury and the Whole Picture of the Case
When investigated or arrested by the police in the case of accident causing death or injury, it is possible to end with a fine if the case is negligent driving causing death or injury for a first offender, the damage is minor, and the mode of negligence is petty. However, in the criminal cases, the heavier penalties are provided for dangerous driving causing death or injury and evasion of detection. For that reason, in cases of dangerous driving causing death or injury and evasion of detection, once prosecuted the accused faces a formal trial. After hearing at a court, the accused will get into a prison if he/she faces a prison sentence.
A lawyer develops an appropriate defense policy after scrutinizing the backgrounds and motive of the accident causing death or injury, the situation at the time, and other circumstances, and understanding the whole picture of the case. The lawyer who is good at dealing with the accident causing death or injury can defend in a consistent manner right after arrest.
2. Acquisition of Decision not to Prosecute, Reduce of Punishment, or Suspended Sentence
Where the fact of the accident causing death or injury is disputed, a lawyer aims at acquisition of a decision not to prosecute, reduction of punishment, or winning of acquittal by asserting the circumstances in favor of the suspect or accused.
When the fact of the accident causing death or injury is undisputed, the lawyer argues the mitigating circumstances after scrutinizing the mode, backgrounds, motive, number of times and frequency of the traffic violation, and criminal records. The lawyer persuasively asserts to a judge or public prosecutor that the suspect or accused will not conduct the accident causing death or injury again because the environment to prevent recommitment such as cooperation by the family and medical treatment is organized.
The lawyer also works on the settlement negotiation by telling the victim that the suspect or accused sincerely reflects on his/herself and apologizes to the victim, and paying the damage to the victim. Because the settlement is the circumstance that the case has been solved between the parties, it is an important point for a decision not to prosecute, reduction of punishment, or suspended sentence.
3. Early Release
Where the suspect got arrested and detained by the police for the accident causing death or injury, a lawyer argues in a persuasive manner that the suspect or accused reflect on him/herself so that there is no risk of fleeing or concealing/destroying evidence, based on objective evidence. Once released early, the suspect can go to the office or school, which makes easier for the suspect or accused to get back into society smoothly.
You can receive the best advice from the lawyers who have rich experience in the accident causing death or injury case at AICHI Criminal Cases Law Firm. Criminal lawyers provide for “the free consultation”. We also provide with “the first interview service” that our lawyer goes to a detention cell where the suspect is detained to have an interview, at the shortest on the day.
